Kima and Kima

In *Kima and Kima*, heard by Gill J, the wife sought to have Australian proceedings concerning the property interests of the parties declared an inappropriate forum. The husband opposed this application.

The central legal issue before the court was whether Australia constituted a clearly inappropriate forum for the determination of the parties' property interests, notwithstanding the existence of proceedings in another jurisdiction.

His Honour considered the principles governing forum non conveniens applications in family law matters. The court applied the test that Australia is a clearly inappropriate forum only if the connection of the parties and the subject matter to Australia is so insubstantial that it would be vexatious or oppressive to retain the proceedings here. After reviewing the evidence, Gill J found that Australia was not a clearly inappropriate forum, as there were substantial connections to Australia that justified the retention of the proceedings.

Consequently, the wife’s application was dismissed, and the court declared that Australia was not a clearly inappropriate forum for the proceedings.