Re: Emery

This matter concerned an application by the applicant, Ms. Emery, for an order that the respondent, Mr. Emery, be restrained from commencing or continuing proceedings in the Family Court of Australia concerning the division of property. The application was brought in the Supreme Court of New South Wales.

The primary legal issue before the Court was whether the Supreme Court had jurisdiction to grant the injunction sought, given the exclusive jurisdiction conferred upon the Family Court by the *Family Law Act 1975* (Cth) to make orders with respect to the property of the parties to a marriage. Ms. Emery contended that the Supreme Court retained an inherent jurisdiction to restrain vexatious or oppressive litigation, even where that litigation fell within the exclusive purview of the Family Court.

Thornton J considered the scope of the Family Court's exclusive jurisdiction and the limited circumstances in which superior courts might intervene in proceedings before a court of limited jurisdiction. Her Honour found that the *Family Law Act* was intended to create a comprehensive and exclusive code for the resolution of matrimonial property disputes. The Court held that the inherent jurisdiction of the Supreme Court to restrain vexatious litigation did not extend to enjoining proceedings that were properly before the Family Court, a court specifically empowered by federal legislation to deal with such matters. To permit such an injunction would undermine the legislative intent behind the *Family Law Act*.

The application for an injunction was therefore dismissed.