Ashforth & Ashforth

In the matter of *Ashforth & Ashforth*, the wife sought a stay of property settlement proceedings pending in the Family Court of Australia. The husband sought to restrain the wife from continuing parallel proceedings in the Family Division at London, England.

The court was required to determine whether the Australian court was a clearly inappropriate forum for the property settlement proceedings, and consequently, whether to grant an injunction restraining the wife from pursuing the English proceedings. The court also considered the principles of comity between international courts and the potential for oppressive or vexatious litigation.

Justice Rose dismissed the wife's application for a stay of the Australian proceedings, finding that the court was not a clearly inappropriate forum. The court reasoned that while the availability of relief in a foreign forum and legitimate personal or juridical advantage are relevant considerations, they are not decisive. The husband's submission to the jurisdiction and the possibility of enforcing Australian orders against his English property were also weighed. The court granted the injunction sought by the husband, noting that the financial relief sought in both jurisdictions was the same and that continuing both sets of proceedings would impose significant financial and emotional strain on both parties.

The court ordered that the wife be restrained from taking any step in the English proceedings other than adjourning or discontinuing them. The Australian proceedings were transferred to the Sydney Registry and listed for mention. The husband was also ordered to lodge the child's passport with the Melbourne Registry.