Malaka and Lasso

In *Malaka and Lasso*, the wife sought interlocutory relief from the Family Court of Australia to restrain the husband from commencing legal proceedings in jurisdictions other than Australia concerning certain properties, or that would impact her claims in relation to those properties, without providing her with four months' prior written notice. The dispute arose in the context of ongoing Family Court proceedings commenced by the wife in 2017 for property settlement, which involved competing claims by both parties.

The central legal issues before the Court were whether the husband's actions in commencing proceedings in Country B were intended to defeat the wife's claims in the Australian Family Court, and whether the wife, as an Australian resident and citizen, was unable to meaningfully participate in the foreign proceedings. The Court also considered the husband's participation in the Australian proceedings, including his claims regarding certain matrimonial assets located in Australia, despite his pursuit of relief in Country B.

Loughnan J found that the husband should be restrained from commencing proceedings outside of Australia without providing the wife with adequate notice. This was based on the wife's contention that the husband's foreign proceedings were designed to frustrate her property settlement claims in Australia and her assertion that she could not effectively participate in those foreign proceedings. The Court noted the husband's participation in the Australian proceedings and his acknowledgment of certain properties as matrimonial assets, even while seeking orders in the foreign jurisdiction. The wife's application, save for the restraining order, was otherwise dismissed.