FAMILY COURT OF AUSTRALIA
| WHUNG & WHUNG & ORS | [2011] FamCA 137 |
| FAMILY LAW – PROPERTY – Application for stay of proceedings – Forum non conveniens – Whether clearly inappropriate forum – Competing applications for anti-suit injunctions – Determination that local forum is not a clearly inappropriate forum – Determination to grant anti-suit injunctions – Relevant principles for each application considered and applied |
| Family Law Act 1975 (Cth) ss79, 90AE (2) and (3) Family Law Rules 2004, Rule 6.02(1) |
| APPLICANT: | Ms Whung |
| FIRST RESPONDENT: | Mr Whung |
| SECOND RESPONDENT: | Mr C |
| THIRD RESPONDENT: | Mr V |
| FILE NUMBER: | BRC | 5594 | of | 2010 |
| DATE DELIVERED: | 4 March 2011 |
| PLACE DELIVERED: | Brisbane |
| PLACE HEARD: | Brisbane |
| JUDGMENT OF: | O'Reilly J |
| HEARING DATE: | 7 December 2010 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | Mr Forrest SC, with him Mr Carter |
| SOLICITORS FOR THE APPLICANT: | McKelvey & Hu Lawyers |
| COUNSEL FOR THE RESPONDENTS: | Mr Hackett |
| SOLICITORS FOR THE RESPONDENTS: | Wesley Lawyers |
Orders
The husband’s application for a stay of these proceedings is dismissed.
Until further order the husband is restrained and an injunction is granted restraining him from commencing and/or continuing any legal proceedings in Taiwan Republic of China against the wife for dissolution of their marriage and/or any matters arising from that marriage, in particular, in respect of division of their property and spousal maintenance.
Until further order the third respondent is restrained and an injunction is granted restraining him from commencing and/or continuing any legal proceedings in Taiwan Republic of China against the wife for any declaration of beneficial ownership of any of the property of the wife and/or the husband held in the third respondent’s name and/or for the payment of compensation funds received from the…
Continue reading Whung & Whung
Sign in free to access the full text
- AGLC
- Whung & Whung [2011] FamCA 137
- Case
- [2011] FamCA 137
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether the Australian forum was clearly inappropriate, and consequently, whether to grant anti-suit injunctions against the husband and the third respondent. The court also had to consider the husband's application for a stay of the Australian proceedings.
O'Reilly J dismissed the husband's application for a stay of proceedings. The court reasoned that the Australian forum was not clearly inappropriate and applied the relevant principles for granting anti-suit injunctions. Consequently, the court granted injunctions restraining the husband from commencing or continuing proceedings in Taiwan regarding the dissolution of the marriage, property division, and spousal maintenance. An injunction was also granted restraining the third respondent from commencing or continuing proceedings in Taiwan concerning declarations of beneficial ownership of property held in his name or compensation received from the L City Council for the resumption of Queensland property.
The proceedings were listed for further determination on 7 March 2011, to address specific aspects of the husband's response, interlocutory restraints, interim property division, disclosure, and all extant costs applications.
Orders
Orders of the court
1.
The husband’s application for a stay of these proceedings is dismissed.
2.
Until further order the husband is restrained and an injunction is granted restraining him from commencing and/or continuing any legal proceedings in Taiwan Republic of China against the wife for dissolution of their marriage and/or any matters arising from that marriage, in particular, in respect of division of their property and spousal maintenance.
3.
Until further order the third respondent is restrained and an injunction is granted restraining him from commencing and/or continuing any legal proceedings in Taiwan Republic of China against the wife for any declaration of beneficial ownership of any of the property of the wife and/or the husband held in the third respondent’s name and/or for the payment of compensation funds received from the L City Council in relation to its resumption of the property situate at …, G, Queensland being Lot … on registered plan no ….
4.
These proceedings be listed at 10.00am on Monday 7 March 2011 for one full day for determination of par 3 of the husband’s response filed 16 September 2010 (directions, interlocutory restraints, interim property division, disclosure) and all extant costs applications including those already reserved and those sought in the wife’s application in a case filed 18 November 2010 pars 2, 3 and 5.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.