The Court refused to transfer Supreme Court possession proceedings to the FCFCOA under the Cross-vesting Act, holding that the Possession List was the more appropriate forum for claims involving mortgage fraud, Torrens title indefeasibility, and potential RPA compensation claims, notwithstanding overlapping factual issues with subsequently commenced family law proceedings. The Court emphasised that the FCFCOA lacks expertise in mortgage fraud and RPA claims, that transfer would likely delay proceedings and prejudice the lender, and that any factual overlap was created by the second defendant's own subsequent filing. The Court also declined to order early document production where no evidence had been served and no notice to produce or discovery application had been made.
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