Penhall & Gibbens

In the matter of *Penhall & Gibbens*, Gill J considered an application for an anti-suit injunction in family law proceedings. The dispute involved property and parenting matters, with proceedings initiated in both Australia and France. The wife had commenced divorce proceedings in France, while the husband sought to restrain the wife from continuing proceedings in France concerning property and the parties' children.

The central legal issues before the court were whether an anti-suit injunction should be granted in respect of the French proceedings concerning property and parenting, and what test should be applied in determining such an application in the context of both property and parenting matters. The court also considered whether an anti-suit injunction was appropriate for the divorce proceedings themselves.

Gill J applied the principles governing anti-suit injunctions, noting that such relief is an extraordinary remedy. The court determined that an anti-suit injunction was appropriate in relation to the property and parenting aspects of the French proceedings, as Australia was the more appropriate forum for these matters. However, the court declined to grant an anti-suit injunction in respect of the divorce proceedings commenced in France, finding that it was not appropriate to restrain those specific proceedings.

The court ordered that the wife be restrained from continuing proceedings in France concerning the property of the parties or their children. Furthermore, an Independent Children’s Lawyer was appointed for the children, and directions were given for the provision of documents to the appointed lawyer and for the lawyer's access to documents produced on subpoena.