Constantine v Saad [2006] NSWSC 409

Constantine v Saad [2006] NSWSC 409

Because the partnership was entered into and conducted during the marriage, the spouses remained the only partners, the partnership dispute appeared to coincide with and flow from the breakdown of the marriage, related Family Court property settlement proceedings were already pending, and recent Family Court interlocutory orders concerned the same partnership property and income, the Supreme Court proceedings constituted or contained a matrimonial cause within s 4(1) of the Family Law Act 1975 and it was highly desirable that the interlocutory stages be dealt with by the Family Court rather than by two courts.

Jurisdiction
Australia
Judgment Date
08 May 2006
Procedural Posture
Equity Proceedings Concerning Partnership Assets Between Husband and Wife, With a Notice of Motion Seeking Transfer to the Family Court of Australia / Interlocutory Stage; Transfer Application Heard on 8 May 2006
Outcome
Proceedings transferred to the Family Court of Australia.
Legal Topics
['concurrent Jurisdiction' 'transfer of Proceedings' 'matrimonial Cause' 'property Settlement Proceedings' 'partnership Dissolution and Winding Up' 'interlocutory Injunction']
['procedure' 'family Law' 'equity' 'partnership'] ['concurrent Jurisdiction' 'transfer of Proceedings' 'matrimonial Cause' 'property Settlement Proceedings' 'partnership Dissolution and Winding Up' 'interlocutory Injunction']

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Procedural Posture

Equity Proceedings Concerning Partnership Assets Between Husband and Wife, With a Notice of Motion Seeking Transfer to the Family Court of Australia / Interlocutory Stage; Transfer Application Heard on 8 May 2006

Legal Issues

  1. 1 ['Whether the Supreme Court proceedings constituted or contained a matrimonial cause within s 4(1) of the Family Law Act 1975.' 'Whether proceedings concerning dissolution, winding up and interim disposition of partnership assets between spouses should be transferred to the Family Court of Australia where related property settlement proceedings were pending.' 'Whether it was desirable for interlocutory disputes about the same partnership property and income to be dealt with in one court rather than two.']

Ratio Decidendi

Because the partnership was entered into and conducted during the marriage, the spouses remained the only partners, the partnership dispute appeared to coincide with and flow from the breakdown of the marriage, related Family Court property settlement proceedings were already pending, and recent Family Court interlocutory orders concerned the same partnership property and income, the Supreme Court proceedings constituted or contained a matrimonial cause within s 4(1) of the Family Law Act 1975 and it was highly desirable that the interlocutory stages be dealt with by the Family Court rather than by two courts.

Court Disposition

Proceedings transferred to the Family Court of Australia.

Orders

  • ['Upon the plaintiff by his counsel giving the usual undertaking as to damages, the existing injunction was continued up to and including 10 May 2006.' 'The proceedings were transferred to the Family Court of Australia, Sydney Registry.' 'The Court noted that the proceedings would be listed in the Family Court...