FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Xylander & Xylander (No 2) [2025] FedCFamC1F 8
File number: SYC 5938 of 2024 Judgment of: SCHONELL J Date of judgment: 16 January 2025 Catchwords: FAMILY LAW – PRACTICE AND PROCEDURE – Transfer of proceedings from Federal Circuit and Family Court of Australia (Division 1) to Supreme Court of NSW – Ex tempore – Order made for transfer of proceedings. Legislation: Australian Securities and Investments Commission Act 2001 (Cth)
Family Law Act 1975 (Cth) Pt VIII
Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth) s 5(4)
Cases cited: Edwards v Hyundai Motors Company Australia Pty Ltd; Sims v Kia Australia Pty Ltd [2023] FCA 1113
Xylander & Xylander [2024] FedCFamC1F 550
Division: Division 1 First Instance Number of paragraphs: 19 Date of hearing: 16 January 2024 Place: Sydney Counsel for the Applicant: Mr Crossland Solicitor for the Applicant: Jake McKinley Pty Ltd The First, Second and Third Respondents: Did not participate ORDERS
SYC 5938 of 2024 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN: MR XYLANDER
Applicant
AND: MS XYLANDER
First Respondent
MS B XYLANDER
Second Respondent
MR C XYLANDER
Third Respondent
ORDER MADE BY:
SCHONELL J
DATE OF ORDER:
16 JANUARY 2024
THE COURT ORDERS THAT:
1.The proceedings in the Federal Circuit and Family Court of Australia (Division 1) proceeding no. SYC5938/2024 (FCFCOA proceedings) be transferred to the Supreme Court of New South Wales proceeding no. …, pursuant to section 5(4) of the Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth).
2.Costs of the FCFCOA proceedings to date and of this application to be costs in the cause.
Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
IT IS NOTED that publication of this judgment by this Court under the pseudonym Xylander & Xylander has been approved pursuant to subsection 114Q(2) of the Family Law Act 1975 (Cth).
EX TEMPORE REASONS FOR JUDGMENT
SCHONELL J:
The husband and wife are engaged in Part VIII proceedings in this court following the breakdown in August 2022 of their 50-year marriage.
The proceedings were commenced by the husband seeking orders against the first respondent, his wife, and the second and third respondents, two of his adult children.
The husband contends that there has been, before the litigation commenced, a failure by the wife to comply with the pre-action procedures, and subsequent to the commencement, a…
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- AGLC
- Xylander & Xylander (No 2) [2025] FedCFamC1F 8
- Case
- [2025] FedCFamC1F 8
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the proceedings should be transferred from the Federal Circuit and Family Court of Australia (Division 1) to the Supreme Court of New South Wales under section 5(4) of the Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth). The court had to consider the appropriate forum for the resolution of the family law matters at hand and determine whether the transfer was warranted under the relevant statutory provisions.
Schnell J concluded that the proceedings should be transferred to the Supreme Court of New South Wales. The decision was based on an analysis of the relevant statutory framework and the considerations of expeditious and efficient resolution of the family law matters. The court found that the transfer was in the interests of justice and appropriate under the cross-vesting provisions. Consequently, the court made an order transferring the proceedings and directed that the costs of the Federal Circuit and Family Court of Australia proceedings, up to that date, and the costs of the application be borne by the applicant.
Orders
Orders of the court
SYC 5938 of 2024
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN:
MR XYLANDER
Applicant
AND:
MS XYLANDER
First Respondent
MS B XYLANDER
Second Respondent
MR C XYLANDER
Third Respondent
ORDER MADE BY:
SCHONELL J
DATE OF ORDER:
16 JANUARY 2024
THE COURT ORDERS THAT:
1. The proceedings in the Federal Circuit and Family Court of Australia (Division 1) proceeding no. SYC5938/2024 (FCFCOA proceedings) be transferred to the Supreme Court of New South Wales proceeding no. …, pursuant to section 5(4) of the Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth).
2. Costs of the FCFCOA proceedings to date and of this application to be costs in the cause.
Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
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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