Pratten and McPherson

In the Supreme Court of New South Wales, Austin J considered an application by the Applicant, Mr Pratten, seeking to restrain the Second Respondent, Mrs McPherson, from continuing proceedings in the Supreme Court. The dispute concerned the prosecution of Mrs McPherson's claim in the Supreme Court, which Mr Pratten sought to have transferred or stayed pending determination of related proceedings in the Family Court of Australia.

The primary legal issue before the court was whether to grant an injunction restraining Mrs McPherson from further prosecuting her Supreme Court claim, or alternatively, to order the transfer of those proceedings to the Family Court. This involved considering the interplay between the Jurisdiction of Courts (Cross-Vesting) Act 1987 and the appropriate forum for resolving matters that fall within both federal and state jurisdiction, particularly in the context of family law proceedings.

Austin J reasoned that it was appropriate to restrain Mrs McPherson from taking further steps in the Supreme Court proceedings, other than to discontinue them, seek their dismissal or adjournment, or seek an order for their transfer to the Family Court. This approach aimed to prevent parallel proceedings and ensure that the matter was dealt with in the most appropriate jurisdiction. The court also dismissed various applications for interim relief made by both parties, save for the costs associated with the determination of those applications.

The court ordered that Mrs McPherson be restrained from taking further steps in her Supreme Court claim, except for specific actions related to discontinuance, dismissal, adjournment, or transfer. The court also dismissed all applications for interim relief made by both parties, with the Second Respondent ordered to pay the Applicant's costs of and incidental to the determination of those applications.