TS & VC

The parties to this proceeding were TS and VC. The dispute concerned an application by TS for an order that VC be restrained from commencing or continuing proceedings in the Family Court of Australia. The matter came before Kay J of the Supreme Court of New South Wales.

The central legal issue before the court was whether the Supreme Court of New South Wales had the jurisdiction to grant an injunction restraining proceedings in the Family Court of Australia. This involved considering the operation of section 114 of the Family Law Act 1975 (Cth) and the principles of comity between courts.

Kay J determined that the Supreme Court of New South Wales did not possess the power to grant the injunction sought. His Honour referred to section 114 of the Family Law Act, which grants the Family Court exclusive jurisdiction to make orders with respect to injunctions in proceedings under that Act. The principle of comity, which dictates respect for the jurisdiction of other courts, further supported this conclusion. The Supreme Court was therefore not the appropriate forum to interfere with proceedings properly before the Family Court.

The application by TS for an injunction was dismissed.