Downard and Downard & Anor

In the matter of *Downard and Downard & Anor*, Berman J of the Family Court of Australia considered a dispute concerning a farming property. The wife sought a declaration that the interests of herself and the husband in the property were held on trust for their adult son. This claim was complicated by the husband having entered into a contract for the sale of the property to a third party. The wife wished to litigate this matter in the Family Court, while the respondents sought to pursue the dispute in a different jurisdiction.

The primary legal issues before the court were whether the Family Court possessed accrued jurisdiction to hear the wife's claim, and whether an anti-suit injunction should be granted. Specifically, the court had to determine if section 78 of the *Family Law Act 1975* (Cth) could give rise to accrued jurisdiction in these circumstances. Furthermore, the court considered applications for injunctions to restrain proceedings in another jurisdiction, brought by both the wife and the son.

Berman J reasoned that section 78 of the *Family Law Act 1975* does not raise questions of accrued jurisdiction. The court also dismissed the wife's application for an injunction restraining the respondents from pursuing their claims in another jurisdiction, noting that the wife was not a party to those proceedings. Similarly, the son's application for an injunction to restrain the first respondent from pursuing his claim in another jurisdiction was also dismissed.

Consequently, the interim proceedings were dismissed. The court also ordered that any application for costs be filed by 4pm on 16 January 2015.