CANTANOR & BEIDENHOPE

In *Cantanor & Beidenhope*, Forrest J of the Family Court of Australia considered an application by the husband for a stay of property division proceedings initiated by the wife, pending the outcome of the husband's appeal against a previous dismissal of his stay application. The husband also sought to prevent the wife from obtaining an anti-suit injunction to restrain him from prosecuting divorce and property proceedings in the Netherlands, and the court considered whether a divorce application could be transferred from the Federal Magistrates Court to the Family Court against opposition.

The central legal issues before the court were whether the wife's property division proceedings should be stayed pending the husband's appeal, the principles governing the grant of an anti-suit injunction to restrain foreign proceedings, and the Family Court's power to transfer a divorce application from the Federal Magistrates Court when opposed. The court also had to determine whether a conciliation conference should proceed in the interim.

Forrest J reasoned that a stay of the property proceedings should be granted only if the conciliation conference did not result in a resolution within seven days of its conclusion, thereby balancing the wife's interest in proceeding with the property settlement against the husband's right to pursue his appeal. The court applied principles relating to the grant of anti-suit injunctions, noting the need to prevent vexatious or oppressive litigation, and ultimately restrained the husband from prosecuting his Dutch proceedings. Regarding the divorce application, the court found it had the power to transfer the matter, but in this instance, it was not necessary to make such an order.

The court ordered that the wife's property division proceedings should proceed to a conciliation conference, with the husband permitted to attend by telephone at his own expense. A stay of these proceedings was to be imposed if they were not finalised by consent at the conference or within seven days thereafter, pending the husband's appeal. Furthermore, the husband was restrained from prosecuting his divorce and ancillary proceedings in the Netherlands until further order.