Keene and Scofield (No.2)

The case of Keene and Scofield (No.2) involves the applicant, Mr Keene, and the respondent, Ms Scofield. The matter revolves around whether a de facto relationship existed between the two parties, which would bring it within the jurisdiction of the Federal Magistrates Court under the Family Law Act 1975. The primary legal issues that the court needed to decide were whether to grant the non-suit injunction sought by Mr Keene, and the procedural matters related to the upcoming trial.

The court concluded that it had jurisdiction to grant the non-suit injunction sought by Mr Keene, either under section 34 of the Family Law Act or the inherent jurisdiction of the court. The court considered the legal principles in relevant case law, such as McCarney and McCarney and Esmore and Esmore, and noted that the test to determine whether an anti-suit injunction should be issued was whether it was necessary to interfere with the progress of the litigation in the other court to preserve a right under the Family Law Act that might otherwise be lost.

The court weighed the arguments of both parties, taking into account Ms Scofield's concerns regarding the risk of Mr Keene becoming insolvent and Mr Keene's assertion that the delay in the proceedings had largely emanated from Ms Scofield. Ultimately, the court decided to grant the non-suit injunction sought by Mr Keene, as Ms Scofield had agreed to forebear with possible proceedings in the District Court until the preliminary issue of the existence or otherwise of the de facto relationship had been determined. The court also confirmed the two-day hearing of the matter on 31 January and 1 February 2013 and directed Ms Scofield to file her trial affidavit material no later than 17 January 2013.

In summary, the court granted the non-suit injunction sought by Mr Keene and set directions for the upcoming trial, in which the existence or otherwise of a de facto relationship between the parties will be determined.