30 November 2018
Interstate property settlement after separation
Dear Mentor
We act for a wife who is seeking a property settlement with her husband. The husband, and all the assets of the relationship, are in Queensland. The wife has however permanently relocated to Victoria to have the support of her family.
Is there any requirement as to where a family law proceeding is to be commenced and/or heard? In this matter it risks being inconvenient to at least one party.
I look forward to any guidance able to be offered.
Thank you for the question.
There is nothing stopping the client issuing proceedings in the Federal Circuit Court Melbourne Registry, however she needs to be prepared that the husband may seek for the matter to be transferred to Queensland.
The relevant Federal Circuit Court rule for transferring proceedings is r 8.01 Federal Circuit Court Rules 2001. The Family Law Rules 2004 go into more detail: see r 11.18. A relevant case example is Scott & Walker [2010] FMCAfam 1081.
The client could issue in Melbourne and, if the husband makes the application, deal with it then. She may need to consider consenting to the transfer, depending on the circumstances of the case.
Regards
Mentor
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