Jess & Jess & Ors

In the matter of *Jess & Jess & Ors*, Berman J of the Supreme Court of Victoria considered an application by the Wife seeking to restrain the Second, Fourth, and Twenty-Ninth Respondents from commencing or pursuing proceedings in any other court to prevent her from continuing with the current proceeding. The dispute arose in the context of family law proceedings.

The primary legal issue before the Court was whether it had jurisdiction to grant the interlocutory relief sought by the Wife, specifically an injunction to prevent the Respondents from initiating parallel proceedings elsewhere. This involved determining the Court's power to manage its own proceedings and prevent vexatious or oppressive litigation.

Berman J reasoned that the Court possessed the inherent power to prevent its process from being used for improper purposes, including the obstruction of justice or the harassment of a party. The Court found that allowing the Respondents to initiate proceedings in another jurisdiction to halt the current matter would undermine the Court's authority and potentially lead to conflicting judgments. Consequently, the Court determined it had jurisdiction to grant the injunction.

Accordingly, the Court ordered that pending the hearing and determination of the challenge to its jurisdiction, the Second, Fourth, and Twenty-Ninth Respondents be restrained from commencing or pursuing proceedings in any other court to restrain the Wife from continuing with the present proceeding. The question of costs associated with this application was reserved.