Ying & Qigang

The matter of Ying & Qigang before the Family Court of Australia involves a dispute between Ms Ying (the Wife), Mr Qigang (the Husband), and the Wife’s parents, Mr Ying and Ms Jian (the parents), regarding property ownership and the removal of a caveat. The case, originally scheduled for a two-day hearing in November 2020, has extended significantly due to various factors, including the complexity of the case, the impact of COVID-19, the necessity for interpretation, and compliance with guidelines for self-represented litigants. Additionally, the presence of the Wife's parents, who reside in the People’s Republic of China, has added further delays due to legal restrictions on Chinese citizens providing evidence in foreign courts.

The central legal issue the court had to address was whether the Wife should be ordered to remove a caveat she lodged over property owned by the Husband and his current wife. The caveat was placed over a property purchased by the Husband post-separation. Both parties have focused on the property they owned prior to separation, despite this not being the usual approach in section 79 hearings under the Family Law Act 1975 (Cth). The court had to consider the Wife's insistence on proceeding with the case in this manner, despite it deviating from standard practice.

In its reasoning, the court acknowledged the complexity and length of the case, which has been influenced by multiple factors. The judge decided to allocate additional time for the case, with a final hearing scheduled for May 2023, to allow for the completion of evidence. The interim order requested by the Husband to remove the caveat was not immediately addressed, pending further evidence and the overall resolution of the property dispute. The judge indicated a willingness to proceed with the case in the manner requested by the parties, even though it was unconventional.