Chan v Johnson [2014] NSWSC 1439

Chan v Johnson [2014] NSWSC 1439

As there is no power under the Cross-Vesting Act to transfer proceedings from the Supreme Court of NSW to the Federal Circuit Court and no pending proceedings in the Family Court, the Notice of Motion for transfer must be dismissed.

Jurisdiction
Australia
Judgment Date
07 October 2014
Procedural Posture
Notice of Motion / Motion to Transfer Proceedings
Outcome
Notice of Motion dismissed with costs.
Legal Topics
['transfer of Proceedings' 'cross Vesting' 'jurisdiction']
['procedure'] ['transfer of Proceedings' 'cross Vesting' 'jurisdiction']

Case Brief

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Procedural Posture

Notice of Motion / Motion to Transfer Proceedings

Legal Issues

  1. 1 ['Whether the Supreme Court of NSW has jurisdiction to transfer proceedings to the Federal Circuit Court under the Jurisdiction of Courts (Cross-Vesting) Act 1987']

Ratio Decidendi

As there is no power under the Cross-Vesting Act to transfer proceedings from the Supreme Court of NSW to the Federal Circuit Court and no pending proceedings in the Family Court, the Notice of Motion for transfer must be dismissed.

Court Disposition

Notice of Motion dismissed with costs.

Orders

  • ['Notice of Motion dismissed with costs']