Zhou and Wei (No 3)

In *Zhou & Wei (No 3)* [2018] FamCA 1148, the Family Court of Australia considered an application by the wife, Ms Zhou, for an anti-suit injunction against the husband, Mr Wei. The dispute arose from Mr Wei's initiation of property proceedings in China concerning real estate located there, while simultaneously litigating Australian assets in Australia. Mr Wei sought to have the Chinese property proceedings continue separately, whereas Ms Zhou contended that all property matters should be resolved within the Australian proceedings.

The primary legal issue before the court was whether to grant an anti-suit injunction restraining Mr Wei from continuing the Chinese proceedings. This required the court to determine if China was an inappropriate forum for the property dispute, and if the continuation of those proceedings would be vexatious or oppressive to Ms Zhou, considering the overarching objective of achieving a complete resolution of the parties' financial affairs. The court also had to assess the connection of the parties and their marriage to each jurisdiction, the stage of proceedings in each forum, and the potential for conflicting judgments.

Justice Cronin applied principles from cases such as *Voth v Manildra Flour Mills Pty Ltd* and *Henry v Henry*, focusing on whether Australia was a "clearly inappropriate" forum for the entire dispute. The court found that while Mr Wei had commenced proceedings in China first, the lack of formal service on Ms Zhou and the uncertainty surrounding the progress of those proceedings diminished the significance of the timing. Crucially, the court determined that Australia was not a clearly inappropriate forum, particularly given that both parties were Australian residents, their child resided in Australia, and their financial relationship was largely Australian-based. The court also considered that Chinese courts would not address Australian property, and that attempting to litigate the same financial matters in two separate jurisdictions would be seriously and unfairly burdensome to Ms Zhou, creating uncertainty and additional costs.

Consequently, the court ordered that Mr Wei be restrained by injunction from continuing the proceedings in China concerning the parties' property there. The court further ordered that all proceedings between the parties be litigated in the Family Court of Australia, with all interim applications dismissed and extant applications adjourned for final hearing.