+61 2 9929 8840

    Going to Court

    Multiple Jurisdictions 1024 683 Dorter

    Multiple Jurisdictions

    Litigation of issues across multiple jurisdictions involving the same subject matter and parties is becoming increasingly common, particularly in family law. It will often involve a careful analysis of which jurisdiction or Court is preferred and consideration of whether the issues or proceedings can be transferred or consolidated.

    In a family law context it is becoming more common to see third parties, such as Mum or Dad or grandparents, seek repayment of monies they may have advanced to one or both parties or an argument that real estate is held “on trust” for a third party following separation. In these situations a third party may assert certain legal rights to pursue repayment of monies or declarations that the third party is the beneficial owner (real owner) of real estate. What follows is that multiple jurisdictions (or Courts) may have the jurisdiction to decide the issue e.g. Federal Circuit and Family Court of Australia and Supreme Court of New South Wales. Our previous article on “Accrued Jurisdiction” provides an overview on such jurisdiction existing between different Courts and can be found here – What is Jurisdiction and Accrued Jurisdiction?.

    In these circumstances it is necessary to seek specialist advice about:

      1. Which jurisdiction (or Court) may be preferred to determine the issue;

      2. Whether the issue can be cross-vested, or transferred, between jurisdictions (or Courts);

      3. When and how to apply for a transfer of proceedings;

      4. How to deal with different Judicial Officers in different Courts; and

      5. What to do if the transfer does not succeed.

    Dorter Family Lawyers and Mediators specialises in family law disputes that involve multiple areas of jurisdiction and/or multiple Courts. If you require any assistance with the above we can assist.

    This post is an overview only and should not be considered as legal advice.  If there are any matters that you would like us to advise you on, then please contact us on (02) 9929 8840.

    Andrew Johnson

    Rebekah Dorter

    Unsafe at Home 1024 495 Dorter

    Unsafe at Home

    When being at home may not be the safest place …

    As Australia and the world are working tirelessly towards stopping the spread of the Coronavirus by imposing several restrictions on the movements of citizens, those restrictions together with social isolation and economic pressure create a petri dish for an increase in domestic and family violence.

    It has been reported that Google searches on domestic violence have surged by up to 75 percent since the first recorded Coronavirus case. In these difficult times it is important to raise awareness about domestic violence and the support available for victims.

    If you are feeling unsafe at home, there is help available for you – from police, counsellors and lawyers.

    What is domestic violence and family violence?

    Domestic and family violence is an abusive behaviour in which one person seeks to control and coerce another person in a family or domestic relationship.

    It can take many forms and can include:

    • Sexual violence;
    • Psychological violence including intimidation, gaslighting, threatening, verbal abuse;
    • Coercive and controlling behaviour;
    • Social violence such as controlling or limiting social activities, isolating a partner from family or friends;
    • Financial and economic abuse;
    • Abuse based on spiritual views.

    What relationships are considered “domestic”?

    • Intimate relationships: husband and wife, de facto partners, boyfriend and girlfriend, same sex relationships;
    • Family relationships: older parents and their children, other family members including step-parents; and
    • Other relationships: such as person with a disability and their carer.

    How can you be protected – what is an Apprehended Domestic Violence Order?

    An Apprehended Domestic Violence Order (ADVO) is an order made by the Court against a person (referred as defendant) in order to protect you from future abuse. An ADVO can be adapted to your particular circumstances to provide you with the best possible protection from violence and also extends to other persons with whom you have a domestic relationship, such as your children or a new partner. If a defendant disobeys the orders in an ADVO it can lead to criminal charges.

    How can I apply for an ADVO?

    1. Police can apply for an ADVO on your behalf. Many police stations have designated Domestic Violence Liaison Officers who can assist you with the application;
    2. A lawyer can apply for an ADVO on your behalf; and
    3. You can also make an application at your local court.

    What if you need immediate protection?

    If you need immediate protection the police can apply for a provisional or interim ADVO for your protection which will last until it is revoked or until an interim or final order is made.

    Importance of safety planning

    If you are experiencing domestic violence or family violence it is crucial that you have a safety plan in place. It is helpful to seek help from a professional such as a counsellor in preparing your safety plan. Safety planning is about taking control over your life and taking proactive steps towards living life without fearing for your and your children’s safety.

    Some things to consider when preparing your safety plan

    1. Identify a ‘safe room’ in your home where you can wait for the arrival of the police. If the room cannot be locked, consider installing a lock to make it more secure.
    2. The most dangerous rooms at your home are the rooms where the person who is violent has access to weapons such as the kitchen or the bathroom. If you sense that your partner could become violent remove yourself from the ‘dangerous areas’.
    3. Prepare an escape plan and an ‘escape bag’ with a few essential belongings and the most important documents and hide it in a safe place.
    4. Have a second phone (if possible) hidden and fully charged and ensure that your safe room has sufficient phone coverage.
    5. Teach your children how to call the police and how to give their full name and address.
    6. Have a ‘code word’ you can use on the phone without attracting attention and let your friends and family know that the word means that you are feeling unsafe.
    7. Keep your friends and family informed about your circumstances.

    Domestic Violence and Family Violence Services

    For more help and support please visit:

    • Rape & Domestic Violence Services Australia
    • Domestic Violence Line (Ph 1800 656 463)
    • No to Violence
    • Relationships Australia
    • Women’s Legal Services NSW
    • Law Access NSW
    • Legal Aid

    Are you experiencing domestic violence in your home?

    We understand that it takes courage to seek help from family and domestic violence and it can be very difficult. If you require assistance, please contact Dorter Family Lawyers and Mediators, family lawyers based in North Sydney and McMahons Point, on (02) 9929 8840 or mail@inst1045122-8984.ozhosting.com for a confidential discussion.

    Tim Russell


    Rebekah Dorter 


    This post is an overview only and should not be considered as legal advice.  If there are any matters that you would like us to advise you on, then please contact us.