Kim and Lam

In the matter of *Kim and Lam*, heard before Justice Fowler, the wife sought an order that the Court decline to exercise its jurisdiction to hear and determine parenting applications made by both the father and the mother. This application was made in circumstances where similar issues were already the subject of proceedings before a Korean court.

The central legal issue before the Court was whether it should exercise its jurisdiction in parenting matters when parallel proceedings were underway in a foreign jurisdiction. The wife contended that the Australian court should defer to the Korean court.

Justice Fowler dismissed the wife's application. The Court reasoned that it retained jurisdiction to hear and determine the parenting applications before it. The decision to dismiss the wife's application implies that the Court found sufficient grounds to proceed with the Australian proceedings, notwithstanding the existence of the Korean proceedings. The Court then made directions regarding the filing of evidence, the listing of the matter for further directions and the allocation of hearing dates, and arrangements for the mother's attendance and the provision of interpreters.