WIFE SEEKS TO SUSPEND PROPERTY PROCEEDINGS PENDING THE DETERMINATION OF ANOTHER CASE
Allbeck & Fielders [2020] FCCA 2435 (1 September 2020)
This case involves a wife seeking that the property proceedings be stayed pending the determination of another proceedings that she instituted against his husband where she asks payment for damages
Facts:
Wife submitted, inter alia, that the property proceedings in this Court should be stayed pending the determination of District Court of NSW proceedings that she instituted against the husband, in which she alleges verbal abuse and sexual intercourse without consent on occasions, perpetrated against her by the Husband during the relationship.
Issue: should the property proceedings between the husband and wife be stayed pending the determination in another proceeding where the wife asks the husband for damages for physical injuries inflicted upon her
Law:
- Section 79- Alteration of property interests
- In property settlement proceedings, the court may make such orders as it considers appropriate
Analysis:
The court is of the view that it will be in the interests of justice that the Application for a stay be granted. The Wife’s claim in tort against the husband, being a chose in action, falls within the definition of “property” under section 79 of the Act.
The Court cannot clearly determine the assets and liabilities of the parties in the property proceedings until the determination of the Wife’s action for damages against the husband in the District Court of NSW.
Conclusion: The Court proposes to stay the property proceedings in this Court until judgment of the District Court of NSW in the action brought by the wife Court or further order of this Court.