Go and Sun and Anor

In the Family Court of Australia, Judge Burchardt considered interim disputes between the applicant, Go, and the respondents, Sun and Chen. The proceedings involved the joinder of Ms Chen as the second respondent, despite objections, and the consideration of an anti-suit injunction to restrain proceedings in China. The court also addressed the potential premature release from a *Harman* undertaking.

The primary legal issues before the court were whether Ms Chen should be joined as a party to the proceedings, whether an anti-suit injunction should be granted to prevent parallel proceedings in China, and whether a *Harman* undertaking, which typically prevents the use of information obtained in family law proceedings for other purposes, could be released at this stage. The court also had to determine appropriate interim property orders.

Judge Burchardt reasoned that Ms Chen should be joined as a respondent to ensure all relevant parties were before the court, facilitating a comprehensive resolution of the financial matters in dispute. Regarding the anti-suit injunction, the court considered the principles governing such orders, particularly in the context of international litigation, and the potential impact on the *Harman* undertaking. The court concluded that the undertaking should not be released prematurely, preserving its protective function. Interim orders were made to restrain Ms Sun from further encumbering specified properties.

Consequently, the court ordered that Ms Chen be joined as the second respondent and granted an injunction restraining Ms Sun from further encumbering the properties at A Road, Suburb B, and C Street, Suburb D, until further order. The matter was adjourned for a final hearing of five days, commencing on 4 October 2021, before Judge Burchardt. The applicant was ordered to pay the respondents' costs fixed at $5,000, with payment stayed until final judgment.