Olmos and Radev

In property and parenting proceedings before Judge Newbrun, the applicant sought to transfer the matter to the Family Court of Australia. The dispute involved claims concerning equitable interests in a property legally owned by a company as trustee for a trust, with the respondent also a party to the proceedings.

The court was required to determine whether to grant the applicant's request to transfer the proceedings to the Family Court of Australia. This involved considering the nature of the claims, including complex questions of fact and law, and the estimated time required for a final hearing.

By consent of the parties, the court ordered the transfer of the proceedings to the Family Court of Australia at Parramatta, with a directions hearing scheduled for 11 September 2018. The court also ordered, by consent, that the applicant file and serve Points of Claim by 31 August 2018, detailing her equitable claim to the property and the supporting facts. The respondent was to file and serve Points of Defence within 28 days of service of the Points of Claim. The court noted the applicant's estimate of five days for the final hearing and the respondent's consent to the transfer based on this estimate and the applicant's contention of complex factual and legal issues.