12 Sept 2011
DIANE KATHLEEN SHIRTLIFF V GEORGE ALBERT HC WHA CIV-2011-488-398
- Citation
- openlaw-2ef0cbd3_47dd_4eb7_8801_9dd6ee5f8d65.pdf
- Court
- High Court
The High Court lacks jurisdiction to make orders for the sale and division of relationship property where the Property (Relationships) Act 1976 confers exclusive jurisdiction on the Family Court (s22); inconsistencies between the Property Law Act and the Property (Relationships) Act are resolved in favour of the latter by ss4(4) and 4A, so the present summary judgment application must be stayed and the plaintiff must proceed in the Family Court (which may extend time under s24(2)).