Janssen & Dupont

In the matter of *Janssen & Dupont*, Rees J of the Family Court of Australia considered an application by the husband, Mr Janssen, to stay proceedings initiated by his wife, Ms Dupont, concerning the sale of their former matrimonial home located in Suburb B. The parties had entered into a French marriage contract, and the husband sought to argue that Australia was a "clearly inappropriate forum" for the dispute.

The central legal issue before the court was whether the Family Court of Australia possessed jurisdiction to hear the property dispute and, if so, whether it should exercise that jurisdiction, or if the proceedings should be stayed on the grounds that Australia was a clearly inappropriate forum. This required an assessment of the principles established in *Henry v Henry* (1996) 185 CLR 571, in light of the evidence presented, particularly that of a single expert on French law.

Rees J's reasoning, informed by the single expert's evidence, focused on whether Australia was a "clearly inappropriate forum." The expert indicated that while both Australian and French courts might have jurisdiction, the principle of *lis pendens* meant that the French court would likely decline jurisdiction over the Suburb B property if proceedings were already pending in Australia. The expert also clarified that the French marriage contract limited the scope of a French liquidation to jointly owned property or debts, and that each spouse would retain ownership of properties acquired in their own name. Crucially, the expert stated that the Australian court could deal with the Suburb B property independently, and that the pendency of Australian proceedings would prevent French courts from making decisions regarding that property.

Consequently, Rees J concluded that none of the factors presented led to the determination that Australia was a clearly inappropriate forum. The court declared that it had jurisdiction to hear the dispute and was not a clearly inappropriate forum. Accordingly, the husband's application to stay the proceedings was dismissed.