The Court held that following the 2021 amendments to s 4 of the Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth), the Supreme Court of NSW is no longer invested with jurisdiction over de facto financial causes under the Family Law Act 1975 (Cth), and that s 90RC FLA excludes the Court's jurisdiction under the Property (Relationships) Act 1984 (NSW) for the same subject matter. The Court retained jurisdiction to grant interlocutory injunctive relief under s 66(4) of the Supreme Court Act 1970 (NSW) and ordered the proceedings transferred to the FCFCA under s 5 of the NSW Cross-Vesting Act. On the interlocutory application, the Court held that the plaintiff was not locked into paying a Refundable Accommodation Deposit and could instead make Daily Payments, and that the defendant's impecuniosity did not bar interlocutory relief, ordering $110,000 paid to each party with the balance held in trust pending FCFCA determination.
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