Sijabat as trustee of the Bankrupt Estate of Do v Do [2020] FCA 1707

Sijabat as trustee of the Bankrupt Estate of Do v Do [2020] FCA 1707

The proceeding should be transferred to the Federal Circuit Court because both parties consent, an associated matter is pending there, transfer is more convenient and less expensive, and the interests of justice favour efficient disposal in the Circuit Court.

Jurisdiction
Australia
Judgment Date
27 November 2020
Procedural Posture
Transfer Application / Order for Transfer to Federal Circuit Court
Outcome
proceeding transferred to Federal Circuit Court of Australia
Legal Topics
['transfer of Proceedings' 'court Jurisdiction' 'bankruptcy Estate' 'affected Property']
['practice and Procedure' 'bankruptcy'] ['transfer of Proceedings' 'court Jurisdiction' 'bankruptcy Estate' 'affected Property']

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Procedural Posture

Transfer Application / Order for Transfer to Federal Circuit Court

Legal Issues

  1. 1 ['Should the proceeding be transferred to the Federal Circuit Court of Australia under s 32AB of the Federal Court of Australia Act 1976 (Cth)?']

Ratio Decidendi

The proceeding should be transferred to the Federal Circuit Court because both parties consent, an associated matter is pending there, transfer is more convenient and less expensive, and the interests of justice favour efficient disposal in the Circuit Court.

Court Disposition

proceeding transferred to Federal Circuit Court of Australia

Orders

  • ['This proceeding be transferred to and heard in the Federal Circuit Court of Australia pursuant to s 32AB of the Federal Court of Australia Act 1976 (Cth) and rr 27.11 and 27.12 of the Federal Court Rules 2011 (Cth).']