Jin v Ai

In the matter of Jin v Ai, the appellant sought to appeal against the Master’s decision to deny a transfer of proceedings from the Magistrates Court to the Supreme Court. The appeal centred on the de facto relationship between the parties, specifically focusing on the availability of superannuation and post-relationship property as resources for making orders under the Domestic Relationships Act 1994 (ACT). The legal issues involved interpreting the scope of s 19 of the Act and determining whether post-relationship property and superannuation were to be considered when making orders.

The court examined the principles guiding transfers of proceedings between courts and the specific statutory framework under which orders could be made. It considered whether the Master had correctly exercised their discretion in denying the transfer. The court emphasised that a transfer should only be granted if there were exceptional circumstances, and none were present in this case. Furthermore, the court clarified that under s 19 of the Act, superannuation and post-acquired property could be relevant factors in making orders, but they were not automatically available resources.

Ultimately, the court found no error in the Master’s decision to deny the transfer. It set aside the costs order made by the Master and directed that each party bear their own costs of the application. The appeal was dismissed, and no order was made regarding the costs of the appeal itself.