Bayfield and Bayfield

In *Bayfield and Bayfield*, Judge Riethmuller of the Family Court of Australia considered an application for divorce. The specific dispute concerned whether Australia was an inappropriate forum for the divorce proceedings, given the existence of matrimonial proceedings elsewhere.

The primary legal issue before the court was whether there was a unity of matrimonial proceedings that would render Australia an inappropriate forum for the divorce. This required the court to consider the principle that issues arising between husband and wife are to be treated as a single controversy stemming from the matrimonial relationship.

The court had regard to the Full Court's comments in *Navarro & Jurado* and *Dobson and Van Londen*, which affirmed the application of the "unity of matrimonial causes" principle. This principle is relevant not only to applications for a stay of proceedings on the grounds of *forum non conveniens* but also to the grant of anti-suit injunctions. The court noted that while the Family Court might be an inappropriate forum for one matrimonial cause, it could still properly exercise jurisdiction over others, such as parenting matters or property located in Australia.

The court made a divorce order, which was to take effect and terminate the marriage on 30 December 2013.