WATERS & DURRANT

The Federal Circuit Court of Australia, in a decision by Judge Harman, considered a dispute involving Mr Waters and Ms Durrant concerning a property in Victoria. The central issue revolved around a caveat lodged against the property's title by (omitted) Pty Ltd, which claimed an estate in fee simple arising from a deed of guarantee and indemnity entered into between the company and Mr Waters.

The court was required to determine whether it possessed sufficient accrued jurisdiction to hear and determine claims relating to the property under the *Transfer of Land Act 1958* (Vic), and if so, whether it was appropriate to exercise that jurisdiction. Furthermore, the court needed to address the lodgement of the caveat and the potential joinder of (omitted) Pty Ltd as a party to the proceedings, particularly in relation to relief sought under the *Transfer of Land Act 1958* (Vic) and Part VIIIAA of the *Family Law Act 1975*.

Judge Harman was satisfied that the Federal Circuit Court was vested with accrued jurisdiction and that it was appropriate to exercise it to deal with the claims of the parties concerning the property and the caveat. The court reasoned that the accrued jurisdiction extended to matters arising under state legislation when they were so connected with a federal claim that they formed part of the same controversy. The court adjourned the matter for further mention and directions, ordering Ms Durrant to file and serve an Application in a Case within 14 days, detailing the precise orders sought regarding the title to the property, the caveat, and the joinder of (omitted) Pty Ltd. The court also directed that copies of the orders and reasons for judgment be provided to (omitted) Pty Ltd and the Registrar of Titles Victoria. Costs of the proceedings were reserved.