Does Cross-vesting still occur? (1 Viewer)

[guypineapple]

Does Cross-vesting still occur for Family issues, I read somewhere in my legal book that it doesn't in family court issues, eg they will not hear cases about property separation and parenting plans in the same court, then it says somewhere later Standing Committee of Attorneys-General in Nov 2002 agreed to a referral of powers to the Commonwealth in relation to dealing with peoperty issues relating to De-facto couples.

 

[kelllly]

I think I have the same textbook as you.

Federal courts deal with Federal jurisdictional issues.
State courts deal with State jurisdictional issues
(e.g. de facto relationships).

Cross-vesting was the Federal courts dealing with Federal AND State jurisdictional issues.

Cross-vesting ended with the Wakim case in 1999.

The Standing Committee of Attorneys-General decided in November 2002 that they'll allow the State courts to refer their powers to the Federal courts in relation to dealing with property disputes relating to separating de facto relationships - this was a State jurisdictional issue.

Why? Because it's easier for de facto relationships to use the FMS or the Family Court (which are Federal courts) than to use State courts.

Hope that helps.