FAMILY COURT OF AUSTRALIA
| VEGA & RIGGS | [2015] FamCA 797 |
| FAMILY LAW – PROPERTY – Where the wife filed an application in the Supreme Court of NSW for an order pursuant to s 66G Conveyancing Act 1919 (NSW) – Whether there are extant proceedings under the Family Law Act 1975 (Cth) – Where the issue arises as to whether the Supreme Court has jurisdiction to hear the s 66G application – Where an application to transfer the family law proceedings to the Supreme Court is dismissed and the husband’s s 44(3) application is expedited. |
| s 109 of The Constitution Family Law Act 1975 (Cth) Conveyancing Act (NSW) Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth) Jurisdiction of Courts (Cross-Vesting) Act 1987 (NSW) |
| Ex parte McLean (1930) 43 CLR 472 |
| APPLICANT: | Mr Vega |
| RESPONDENT: | Ms Riggs |
| FILE NUMBER: | SYC | 3110 | of | 2015 |
| DATE DELIVERED: | 23 September 2015 |
| PLACE DELIVERED: | Sydney |
| PLACE HEARD: | Sydney |
| JUDGMENT OF: | Watts J |
| HEARING DATE: | 23 September 2015 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | Mr Livingstone |
| SOLICITOR FOR THE APPLICANT: | MCW Lawyers |
| COUNSEL FOR THE RESPONDENT: | Mr Maurice |
| SOLICITOR FOR THE RESPONDENT: | Pigott Stinson Lawyers |
Orders
The husband’s application for interim order 4 filed by the husband on 15 May 2015 be dismissed.
The wife’s application filed 14 September 2015 be dismissed.
The husband’s application pursuant to s 44(3) Family Law Act 1975 (Cth) for leave to be granted to institute proceedings for final orders in accordance with his application filed 15 May 2015 be listed for hearing at 10.00 am on 2 October 2015.
On or before 4.00pm on 29 September 2015 the wife file and serve a financial statement and if she chooses any further affidavit she seeks to rely upon at the hearing of the s 44(3) application.
Both parties’ costs are reserved.
IT IS NOTED that publication of this judgment by this Court under the pseudonym Vega & Riggs has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth)
| FAMILY COURT OF AUSTRALIA AT SYDNEY |
FILE NUMBER: SYC 3110 of 2015
| Mr Vega |
Applicant
And
| Ms Riggs |
Respondent
EX TEMPORE REASONS FOR JUDGMENT
The husband has filed an application seeking leave under s 44(3) Family Law Act 1975 (Cth) (“the Act”) to proceed with a property settlement application. That application awaits a hearing date. The wife opposes the husband’s application for leave under s 44(3) of the Act.
The matter was originally listed before me today to deal with the husband’s application for an order restraining the wife from continuing proceedings under s 66G of the Conveyancing Act 1919 (NSW) in the Supreme Court of NSW for the sale of their property at Suburb…
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- AGLC
- VEGA & RIGGS [2015] FamCA 797
- Case
- [2015] FamCA 797
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether to grant the husband's application for an interim order and his application for leave to institute proceedings for final orders. Additionally, the court had to consider the wife's application, the nature of which is not specified beyond its filing date.
Watts J dismissed the husband's application for an interim order and the wife's application. However, the husband's application for leave to institute proceedings for final orders pursuant to s 44(3) of the *Family Law Act 1975* (Cth) was listed for a future hearing. The court also ordered the wife to file and serve a financial statement and any further affidavits she intended to rely upon by a specified date prior to the hearing of the s 44(3) application. Costs for both parties were reserved.
Orders
Orders of the court
1.
The husband’s application for interim order 4 filed by the husband on 15 May 2015 be dismissed.
2.
The wife’s application filed 14 September 2015 be dismissed.
3.
The husband’s application pursuant to s 44(3) Family Law Act 1975 (Cth) for leave to be granted to institute proceedings for final orders in accordance with his application filed 15 May 2015 be listed for hearing at 10.00 am on 2 October 2015.
4.
On or before 4.00pm on 29 September 2015 the wife file and serve a financial statement and if she chooses any further affidavit she seeks to rely upon at the hearing of the s 44(3) application.
5.
Both parties’ costs are reserved.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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