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.

The central legal issue before the High Court was whether the Family Court had the power to make orders concerning the children's welfare and upbringing, specifically in circumstances where the children were ordinarily resident in New Zealand and the proceedings had been commenced in Australia. The applicants contended that the Family Court lacked jurisdiction to make such orders under the relevant provisions of the Family Law Act 1975 (Cth).

The High Court considered the principles of international jurisdiction and the application of the Family Law Act to children ordinarily resident overseas. The Court analysed the concept of "habitual residence" and its implications for the Family Court's power to exercise jurisdiction. The reasoning focused on the statutory framework and the intention of Parliament in enacting provisions relating to international child-related matters. The Court ultimately determined that the Family Court did not have jurisdiction to make the orders sought in these circumstances.