Hughes & Hughes

Case [2014] FamCA 12


FAMILY COURT OF AUSTRALIA

HUGHES & HUGHES [2014] FamCA 12
FAMILY LAW – PROPERTY – Where the husband has instituted proceedings in Croatia and the wife has instituted proceedings in Australia – where the wife seeks a declaration that the Family Court of Australia is the appropriate forum and an anti-suit injunction preventing the husband from taking further steps in the Croatian proceedings – where the husband has not sought a stay of the Australian proceedings.
Family Law Act 1975 (Cth)

Voth v Manildra Flour Mills Pty Ltd [1990] HCA 55
Henry v Henry [1996] HCA 51

APPLICANT: Ms Hughes
RESPONDENT: Mr Hughes
FILE NUMBER: DGC 2378 of 2013
DATE DELIVERED: 17 January 2014
PLACE DELIVERED: Melbourne
PLACE HEARD: Melbourne
JUDGMENT OF: Macmillan J
HEARING DATE: 18 December 2013

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Kirkham QC with Ms McCreadie
SOLICITOR FOR THE APPLICANT: Reale Lawyers
COUNSEL FOR THE RESPONDENT: Mr Hall
SOLICITOR FOR THE RESPONDENT: White Cleland Pty Ltd

ORDERS

IT IS ORDERED THAT

  1. Until further order the husband is restrained from taking any further step in the legal proceedings instituted by the husband in Croatia on 15 July 2013.

  2. The wife’s application in a case filed 10 October 2013 and the husband’s response to an application in a case filed 26 November 2013 be otherwise adjourned for hearing in the Judicial Duty List at 10.00 am on 5 February 2014.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Hughes & Hughes 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 MELBOURNE

FILE NUMBER: DGC 2378 of 2013

Ms Hughes

Applicant

And

Mr Hughes

Respondent

REASONS FOR JUDGMENT

  1. The application listed before me in the judicial duty list is the wife’s application in a case filed 10 October 2013 in which she seeks a declaration that the Family Court of Australia is the appropriate forum for the hearing of her application for property settlement and spousal maintenance and an order that the husband be restrained from taking any further step in the proceedings instituted by him in Croatia on or about 15 July 2013.

  2. The husband has filed a response to that application in a case in which he seeks that the wife’s application in a case be dismissed, that she sign all documents necessary to remove the caveats encumbering the two properties registered in his name or the names of entities in which he holds an interest, and that the wife pay his costs of these proceedings.

  3. At the commencement of the hearing before me the husband sought an adjournment of the wife’s application pending the outcome of proceedings in Croatia as to whether the Croatian court has jurisdiction to deal with the proceedings he instituted in Croatia. Significantly for the purposes of the application before me, the husband did not seek a stay of the proceedings instituted by the wife in this Court.

Background

  1. The husband was…

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Hughes & Hughes [2014] FamCA 12
Case
[2014] FamCA 12
Decision Date

CaseChat Overview and Summary

In *Hughes & Hughes*, the wife sought an injunction to restrain the husband from continuing foreign legal proceedings. The dispute concerned the appropriate forum for resolving matters arising from the parties' marital relationship, with the wife contending that Australian proceedings were the proper venue. The matter came before Macmillan J of the Family Court of Australia.

The primary legal issue before the court was whether to grant an interlocutory injunction restraining the husband from pursuing proceedings he had commenced in Croatia. This required the court to consider the principles governing the grant of such injunctions, particularly in the context of international litigation and the potential for vexatious or oppressive conduct.

Macmillan J reasoned that the wife had established a strong prima facie case for the injunction. The court applied the principles established in cases such as *Voth v Manildra Flour Mills Pty Ltd* and *CSR Ltd v Cigna Insurance Australia Ltd*, which outline the circumstances in which Australian courts may restrain foreign proceedings. His Honour found that the Croatian proceedings were likely to be vexatious and oppressive, and that Australia was the clearly inappropriate forum for the dispute.

Consequently, Macmillan J ordered that the husband be restrained from taking any further steps in the Croatian legal proceedings until further order. The wife's application and the husband's response were otherwise adjourned for further hearing.

Orders

Orders of the court

IT IS ORDERED THAT

1.

Until further order the husband is restrained from taking any further step in the legal proceedings instituted by the husband in Croatia on 15 July 2013.

2.

The wife’s application in a case filed 10 October 2013 and the husband’s response to an application in a case filed 26 November 2013 be otherwise adjourned for hearing in the Judicial Duty List at 10.00 am on 5 February 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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