Samootin v Shea [2001] NSWSC 305

Directions given to facilitate a single set of proceedings. Plaintiff granted leave to file a notice of motion for expedited hearing, pending Family Court decision regarding its jurisdiction over all parties and issues.

Jurisdiction: Australia
Judgment Date: 23 April 2001
Procedural Posture: Equity / Directions Hearing
Outcome: Directions given; leave granted for plaintiff to file motion for expedition; costs reserved.
Legal Topics: ['concurrent Jurisdiction' 'transfer of Proceedings' 'cross Vesting Legislation' 'property Settlement']

['equity' 'family Law' 'civil Procedure'] ['concurrent Jurisdiction' 'transfer of Proceedings' 'cross Vesting Legislation' 'property Settlement']

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Procedural Posture

Equity / Directions Hearing

Legal Issues

1 ['Jurisdiction of Supreme Court vs Family Court regarding property proceedings between former spouses' 'Transfer of proceedings under cross-vesting legislation' 'Problems caused by partial invalidity of cross-vesting legislation']

Ratio Decidendi

Court Disposition

Directions given; leave granted for plaintiff to file motion for expedition; costs reserved.

Orders

['Plaintiff granted leave to file notice of motion for expedition of proceedings returnable before Expedition Judge on 27 April 2001.' "Costs of today's proceedings reserved."]