Zha & Wun (No 2)

The case of Zha & Wun (No 2) involved the second and third respondents relying on several documents, including a response filed on 20 May 2022, an affidavit by Mr AE dated 21 June 2022, Justice Altobelli’s judgment from Zha & Wun [2022] FedCFamC1F 274 delivered on 29 April 2022, and a case outline document. The parties involved were a husband and wife who cohabited from 2009 or 2011, married in 2012, and separated in 2018. The wife claimed the husband owned a business empire worth over $100 million, with significant assets held by the second and third respondents for his benefit. There were ongoing proceedings in Country AD and a $6 million judgment in the wife’s favour in China, which was subject to appeal.

The legal issues before the court included the husband's application to dismiss the injunctive orders made on 7 July 2020, the wife's application for interim costs, and the husband's argument that either the Australian proceedings should be stayed pending the completion of the proceedings in China or that Australia was not an appropriate forum for determining the property issues between the parties. The court noted that the issues left to be determined on an interim basis were these three matters, with the estimated hearing length for the interim costs application and the discharge of the injunctions set at one day, and the forum argument requiring an additional day.

The court, in its reasoning, considered the arguments presented by both parties. The husband argued that the injunctive orders should be dismissed as they were based on outdated information and that Australia was not the appropriate forum for determining the property issues due to the ongoing proceedings in China. The wife, on the other hand, sought interim costs and maintained that the injunctive orders should remain in place to protect her interests. The court, after considering the submissions and evidence, decided to proceed with the hearing via Microsoft Teams unless otherwise directed. The outcome of the court's decision on these interim applications will be detailed in the final orders, which may include directives on the continuation of the injunctive orders, the allocation of interim costs, and the appropriateness of the Australian forum for the property issues.