In the case of Sagona & Sagona, the Wife was successful in her Application to have the family law property proceedings transferred from the Federal Circuit Court to the Family Court of Australia. The former matrimonial home was in the sole name of the husband. The Husband’s parents had commenced proceedings in the Supreme Court against the husband claiming an equitable interest in the former matrimonial home of the parties. The husband did not defend these proceedings, allowing for a default judgment, and did not put the wife on notice of the proceedings. Once the wife became aware of the Supreme Court proceedings she was added as a Second Defendant. The Federal Circuit Court Judge ruled that it was in the interest of justice to allow the property proceedings to be transferred to the Family Court. The purpose was to allow the wife to make an Application that the Supreme Court proceedings be joined to the Family Property proceedings. Supreme Court proceedings can be transferred to the Family Court, but not to the Federal Circuit Court.
The Outcome of the Supreme Court transfer and the final property orders to be made are yet to be decided.
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