SAGONA & SAGONA

In proceedings before the Supreme Court of Victoria, the Wife sought leave to transfer the matter to the Family Court of Australia. The Husband's parents were also joined as parties to the proceedings, to be referred to as the Second and Third Respondents.

The central legal issue before the Court was whether to grant leave for the transfer of the proceedings to the Family Court of Australia, and consequently, the joinder of the Husband's parents as parties. The Court was required to consider the practical implications of such a transfer, particularly in light of the inability to transfer proceedings directly from the Supreme Court to the Federal Circuit Court.

Judge Stewart granted leave for the transfer of the proceedings to the Melbourne Registry of the Family Court of Australia, effective from 9 July 2020. The Court also ordered that the Husband's parents be joined as parties. Costs were reserved for each party, with liberty granted to apply in relation to costs and the provision of orders and reasons to the Supreme Court of Victoria. The transfer was deferred to allow parties to address these matters.