Underwood and Underwood

In the Family Court of Australia, Johnston J heard proceedings between a husband and wife concerning financial matters and parenting arrangements. The wife had initiated proceedings in the Circuit Court of B County, Illinois, USA, for dissolution of marriage, while the husband had commenced financial proceedings in the Family Court of Australia. The wife sought to permanently stay the Australian financial proceedings, and the husband sought an anti-suit injunction.

The court was required to determine whether to grant the wife's application for a permanent stay of the Australian financial proceedings and the husband's application for an anti-suit injunction. Additionally, the court needed to make orders regarding the process for obtaining expert evidence on Illinois law, the management of the parenting application, and the listing of the forum proceedings for hearing.

Johnston J made orders restraining the wife from continuing to seek orders in the US proceedings until further order. By consent, the court made detailed orders concerning the appointment of a single expert to provide a report on relevant aspects of Illinois law, including the exchange of proposed experts, draft letters of instruction, and the filing of the expert's report. The parenting application was to be placed in the Child Responsive Program, and parties were to obtain appointments with a Family Consultant. The forum proceedings were to be listed for hearing after 1 June 2017, and the parenting proceedings were adjourned for directions by the Registrar.