FAMILY COURT OF AUSTRALIA
| CLAYTON & BANT NO 2 | [2015] FamCA 102 |
| FAMILY LAW – PRACTICE AND PROCEDURE - INJUNCTIONS – Where divorce and property proceedings were current both in Australian and in City Z – Where the applicant seeks an urgent anti-suit injunction – Where the respondent opposes the application – Where the question of forum is to be considered by this Court in the near future – Where the wife has established a prima facie case for a property settlement in this Court – Where it is imminent that the City Z Court is likely to hand down a judgment and make orders as sought by the husband – Orders made that the husband request and prevent the City Z Court from delivering any findings or judgment in the proceedings. |
| Family Law Act 1975 (Cth) ss 4, 31(2), 39 |
| CSR Ltd v Cigma Insurance Australia (1997) 189 CLR 345 |
| APPLICANT: | Ms Clayton |
| RESPONDENT: | Mr Bant |
| FILE NUMBER: | LEC | 310 | of | 2013 |
| DATE ORDERES DELIVERED: | 25 February 2015 |
| DATE DELIVERED: | 27 February 2015 |
| PLACE DELIVERED: | Sydney |
| PLACE HEARD: | Sydney |
| JUDGMENT OF: | Johnston J |
| HEARING DATE: | 25 February 2015 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | Mr Lloyd, SC |
| SOLICITOR FOR THE APPLICANT: | GJ Legal Solicitors |
| COUNSEL FOR THE RESPONDENT: | Mr Kirk, QC |
| SOLICITOR FOR THE RESPONDENT: | Watts McCray Lawyers |
Orders
That until 4.00 pm on 2 March 2015 the husband do all things and give all instructions necessary to request and prevent the City Z Court from delivering any findings or judgment in the proceedings 918/2014 commenced on 15 July 2014.
IT IS NOTED that publication of this judgment by this Court under the pseudonym Clayton & Bant has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
| FAMILY COURT OF AUSTRALIA AT SYDNEY |
FILE NUMBER: LEC 310 of 2013
| Ms Clayton |
Applicant
And
| Mr Bant |
Respondent
REASONS FOR JUDGMENT
Introduction
These proceedings involve an application for an urgent anti-suit injunction.
The applicant is Ms Clayton to whom for convenience I shall refer as “the wife”. The respondent is Mr Bant and for convenience I shall refer to him as “the husband”.
Proceedings between the parties are currently pending in this Court and also in the W Court in City Z (“the City Z Court”), Country U (“CU”) in relation to divorce and matrimonial property.
The question of which forum would be appropriate for the hearing of these matters in dispute has been in issue between these parties for a considerable period. It has been listed for hearing by this Court in Brisbane on 2 March 2015. In the meantime, it has become clear that the husband anticipates that the City Z Court is likely to hand down a judgment and make orders as sought by him concerning divorce and matrimonial property on 26 February 2015.
In these circumstances the wife has sought urgent orders to the effect that the husband do all things and give all instructions necessary to request and prevent…
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- CLAYTON & BANT NO 2 [2015] FamCA 102
- Case
- [2015] FamCA 102
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether it had the power to issue an injunction restraining the City Z Court from proceeding to judgment in the aforementioned matter. This involved considering the court's jurisdiction and the principles governing the granting of such injunctive relief, particularly in relation to foreign or interstate proceedings.
Johnston J ordered that the husband must take all necessary steps to request and prevent the City Z Court from delivering any findings or judgment in the proceedings 918/2014 until 4.00 pm on 2 March 2015. This order effectively granted a temporary stay or injunction on the foreign proceedings.
Orders
Orders of the court
1.
That until 4.00 pm on 2 March 2015 the husband do all things and give all instructions necessary to request and prevent the City Z Court from delivering any findings or judgment in the proceedings 918/2014 commenced on 15 July 2014.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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