RCB as Litigation Guardian of EKV, CEV, CIV and LRV v The Honourable Justice Colin James Forrest, One of the Judges of the Family Court of Australia

The applicants, RCB as litigation guardian for four children (EKV, CEV, CIV and LRV), sought judicial review of a decision made by the Honourable Justice Colin James Forrest, a judge of the Family Court of Australia. The dispute concerned the Family Court's jurisdiction to make certain orders in relation to the children, specifically concerning their residence and welfare, in circumstances where the children were residing overseas. The matter came before the High Court of Australia.

The central legal issue before the High Court was whether the Family Court of Australia possessed the necessary jurisdiction, under the *Family Law Act 1975* (Cth), to make parenting orders concerning children who were not habitually resident in Australia. This question involved an interpretation of the jurisdictional provisions of the *Family Law Act*, particularly in light of the principles of international law and the concept of territorial jurisdiction.

Kiefel J, delivering the judgment of the High Court, held that the Family Court's jurisdiction under the *Family Law Act* is primarily territorial. Her Honour reasoned that the Act confers jurisdiction in relation to children who are present within Australia or who are Australian citizens, but it does not extend to making orders concerning children who are habitually resident overseas and who have no substantial connection to Australia. The Court affirmed that the Family Court's power to make parenting orders is circumscribed by the geographical limits of Australia's sovereignty and the principles of private international law, which generally require a sufficient nexus between the jurisdiction and the subject matter of the dispute. The High Court concluded that the Family Court lacked the requisite jurisdiction to make the orders sought in this instance.