CBA v Ford [2012] WASC 263

The bank lent money to the husband secured by a mortgage over their family home and a guarantee provided by the wife. The wife’s defence raised undue influence on the part of the husband and unconscionability on the part of the bank and she applied to have the proceedings transferred to the Family Court.

The court refused an order for cross-vesting on the basis that it was not in the interests of justice to transfer the proceedings to a court with very limited ability to make the rulings sought and where the bank was not a party to those family court proceedings.

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