Where Supreme Court proceedings seek a declaration of constructive trust over property that is also the subject of Family Court property settlement proceedings, the proceedings will be 'related' under s 5(4)(b)(i) of the Jurisdiction of Courts (Cross-vesting) Act 1987 (WA). However, the loss of procedural advantages available in the Supreme Court (pleading, summary judgment, costs following the event) and the potential involvement of third parties in wider Family Court proceedings may outweigh the advantages of consolidation, such that transfer is not in the interests of justice.
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