Lin v Yew

The Family Court of Australia considered applications by the wife, Ms. Lin, and the husband, Mr. Yew. Ms. Lin sought an anti-suit injunction to prevent proceedings initiated by Mr. Yew in the Supreme Court of Victoria. Mr. Yew, in turn, sought a stay of the current Family Court proceedings.

The court was required to determine whether to grant an anti-suit injunction to restrain the Victorian Supreme Court proceedings, whether to grant the wife leave to bring a proceeding out of time under section 44(3) of the *Family Law Act 1975* (Cth), and whether to grant the husband a stay of the Family Court proceedings.

The court refused the wife's application for an anti-suit injunction, noting that the Victorian Supreme Court proceedings had been on foot for over four years and were at an advanced stage, involving different issues. Regarding the wife's application for leave to bring a proceeding out of time, the court acknowledged the significant 32-year lapse since the order nisi but found that hardship would be suffered unless leave was granted, and therefore granted leave. However, in light of the advanced stage of the Victorian Supreme Court litigation and the distinct issues involved, the court ordered a stay of the Family Court proceedings.