Mayer & Beck

The Applicant, Mr Mayer, sought an anti-suit injunction against the Respondent, Ms Beck, to restrain her from continuing parallel proceedings in the District Court of Hong Kong concerning child maintenance orders for their daughter. The Applicant resided in Country L, while the Respondent and the child resided in Australia. The dispute arose after the Applicant ceased making child maintenance payments due to financial hardship and the Respondent initiated proceedings in Hong Kong to recover arrears.

The Court was required to determine whether to grant an anti-suit injunction, considering the principles of *forum non conveniens* and the application of regulation 36 of the *Family Law Regulations 1984* (Cth) in circumstances where Hong Kong is a reciprocal jurisdiction. The Applicant sought to have the Hong Kong orders discharged or suspended and a new Australian order made.

Altobelli J granted the anti-suit injunction, restraining the Respondent from continuing the Hong Kong proceedings relating to child maintenance orders and arrears. The Court found that Australia was not a clearly inappropriate forum for the dispute. The reasoning involved an assessment of the parties' current residences, the child's schooling in Australia, and the Applicant's financial circumstances. The Court also considered the Applicant's standing to bring proceedings under regulation 36(3)(b) of the *Family Law Regulations*, notwithstanding the title of the regulation, by focusing on the substance of the provision.

The Court ordered that the Respondent be restrained from continuing the Hong Kong proceedings concerning child maintenance and arrears. The Respondent was also ordered to comply with disclosure requirements for the Australian proceedings within 28 days. The Respondent's application for interim orders was dismissed, and the matter was listed for mention. The issue of costs was reserved.