Third parties who, in the context of marriage breakdown, assert rights against matrimonial property should join in existing matrimonial proceedings in the Family Court rather than commence separate litigation in a State court. The Family Court has both ordinary jurisdiction under s 78 to declare the rights of spouses vis-à-vis third parties so as to bind those third parties, and accrued jurisdiction to determine the whole justiciable controversy including State law claims for equitable relief. On a transfer application under the Cross-Vesting Act, no onus rests on the applicant and no particular significance attaches to the plaintiff's choice of forum.
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