M & S

The parties to this proceeding were M and S. The dispute concerned an application by S for an order that M be restrained from commencing or continuing proceedings in the Family Court of Australia. The application was heard by Dessau J in the Supreme Court of Victoria.

The central legal issue before the court was whether the Supreme Court of Victoria had the jurisdiction to grant an injunction restraining proceedings in the Family Court of Australia. This involved considering the relationship between the jurisdiction of the Supreme Court and the exclusive jurisdiction of the Family Court in matters relating to marriage and matrimonial causes.

Dessau J reasoned that the Supreme Court of Victoria did not possess the power to grant such an injunction. Her Honour held that the *Family Law Act 1975* (Cth) conferred exclusive jurisdiction upon the Family Court of Australia in relation to matters arising under that Act, including the commencement and continuation of proceedings. Consequently, the Supreme Court lacked the authority to interfere with the Family Court's jurisdiction by issuing a prohibitory order.

The application for an injunction was dismissed.