YANG & CHIN

In the matter of *Yang & Chin*, Bell J of the Family Court of Australia considered applications by the Wife to stay proceedings related to parenting and property matters, and for costs. The Husband sought to have these applications dismissed.

The central legal issues before the Court were whether the Wife's applications for parenting and property orders should be permanently stayed, and whether the Wife should be ordered to pay the Husband's costs. The Court was required to determine the appropriate forum for the resolution of these family law disputes.

Bell J applied the principles of *forum non conveniens*, considering factors such as the connection of the parties and the children to Australia, the location of evidence, and the interests of justice. The Court concluded that Australia was not the appropriate forum for the determination of the parenting and property matters. Consequently, the Court ordered that all parenting and property orders sought by the Wife be permanently stayed.

The Court further ordered that the Wife pay the Husband's costs of and incidental to her application filed on 9 June 2011, including costs previously reserved by orders of Justice O’Reilly. These costs were to be assessed on a party and party basis.