Hailey and Carola

The Supreme Court of New South Wales, constituted by Stevenson J, considered an application by Mr Hailey against Ms Carola. The core of the dispute concerned the jurisdiction of the Court to hear Mr Hailey's application, which was filed on 14 January 2019.

The central legal issue before the Court was whether it possessed jurisdiction to entertain Mr Hailey's application, specifically in relation to the ordinary residence of the parties in Australia at the time the application was filed.

Stevenson J determined that the Court lacked jurisdiction because neither Mr Hailey nor Ms Carola was ordinarily resident in Australia on 14 January 2019. Consequently, the Initiating Application of Mr Hailey filed on that date was dismissed.