Peacock, in the matter of Peacock v Peacock [2000] FCA 857

Peacock, in the matter of Peacock v Peacock [2000] FCA 857

Because the Family Court of Western Australia had already made an order vesting Mr Peacock's interest in the matrimonial home in Mrs Peacock, and that court had jurisdiction to make such an order and to deal with the Transfer of Land Act issues, the Federal Court should not make an order inconsistent with or duplicating the Family Court's order. The proper course was to transfer the application to the Family Court so it could confirm or vary its order and, if necessary, direct removal of the caveat and registration of the transfer.

Jurisdiction
Australia
Judgment Date
23 June 2000
Procedural Posture
Application for Vesting of Property Pursuant to S 133(9) of the Bankruptcy Act 1966 (cth) / Application Transferred to the Family Court of Western Australia
Outcome
The matter was transferred to the Family Court of Western Australia; costs were reserved.
Legal Topics
['disclaimer of Onerous Property' 'vesting of Property' 'cross Vesting Jurisdiction' 'transfer of Land Caveat' 'family Court Property Orders']
['bankruptcy' 'family Law' 'property Law' 'civil Procedure'] ['disclaimer of Onerous Property' 'vesting of Property' 'cross Vesting Jurisdiction' 'transfer of Land Caveat' 'family Court Property Orders']

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Procedural Posture

Application for Vesting of Property Pursuant to S 133(9) of the Bankruptcy Act 1966 (cth) / Application Transferred to the Family Court of Western Australia

Legal Issues

  1. 1 ["Whether a vesting order should be made under s 133(9) of the Bankruptcy Act 1966 (Cth) after the Official Trustee in Bankruptcy disclaimed Mr Peacock's interest in the matrimonial home." "Whether the existing Family Court of Western Australia order vesting Mr Peacock's interest in Mrs Peacock was effective and should be respected unless set aside or varied." 'Whether the Federal Court should determine the matter or transfer it to the Family Court of Western Australia so that the caveat may be addressed and the transfer registered.']

Ratio Decidendi

Because the Family Court of Western Australia had already made an order vesting Mr Peacock's interest in the matrimonial home in Mrs Peacock, and that court had jurisdiction to make such an order and to deal with the Transfer of Land Act issues, the Federal Court should not make an order inconsistent with or duplicating the Family Court's order. The proper course was to transfer the application to the Family Court so it could confirm or vary its order and, if necessary, direct removal of the caveat and registration of the transfer.

Court Disposition

The matter was transferred to the Family Court of Western Australia; costs were reserved.

Orders

  • ['The matter be transferred to the Family Court of Western Australia.' 'The applicant file an outline of relevant facts and submissions on the reasons for decision in this matter.' 'Costs be reserved.']