Su & Jia

This matter concerned an application by the wife (Ms Su) for property orders under s 79 of the *Family Law Act 1975* (Cth). The parties, who married in China in 2010 and divorced in China in 2020, had previously resolved all property and parenting issues through mediation in China. However, the wife subsequently sought to invoke the jurisdiction of the Australian court. The primary dispute revolved around a sum of $5,000,000 lodged by the husband (Mr Jia) with Treasury Corporation Victoria in connection with a subclass 188C visa, and an improved parcel of real estate located in Australia. The husband sought the release of the bond to him. The proceedings were before Wilson J in the Federal Circuit and Family Court of Australia.

The court was required to determine whether sufficient evidence had been adduced to make orders regarding the $5,000,000 bond. Specifically, the court needed to ascertain the circumstances under which the bond was redeemable and the husband's entitlement to it. The wife's evidence, particularly an affidavit sworn in China but witnessed in Sydney without explanation, contained assertions about the bond's accrued interest and a request for its preservation, referencing Chinese court orders that stated Chinese courts could not separate Australian assets and that the bond was preserved until the husband fulfilled a civil mediation agreement.

Wilson J found that further evidence was necessary before any determination could be made. The court noted the lack of clear evidence regarding the conditions for the redemption of the $5,000,000 bond and the husband's entitlement to it. Consequently, the court adjourned the further hearing of the application to allow the parties to file and serve additional evidence and written submissions concerning the bond. The husband was directed to file and serve any further evidence he relied upon regarding the bond by 4pm on 30 August 2021, with the applicant to file evidence in reply by 30 September 2021, and written submissions by 29 October 2021. The further hearing was scheduled for 24 November 2021.