Appropriate forum

Notwithstanding that either the applicant or respondent are able to meet one of the above requirements, disputes sometimes arise in relation to the appropriate jurisdiction to hear and determine divorce proceedings. More often than not, this dispute arises when the parties are living overseas or have property overseas and the granting of a divorce in Australia will affect family law proceedings in an overseas country.

A court may rule that a stay of proceedings should be granted in the Australian court only if it is a “clearly inappropriate forum”. This will be the case if continuation of the proceedings in the Australian court would be oppressive, in the sense of “seriously and unfairly, burdensome, prejudicial or damaging” or “vexatious”, in the sense of “productive of serious and unjustified trouble and harassment”: Voth v Manildra Flour Mills Pty Ltd. Known as the “clearly inappropriate forum” rule, a court may apply this rule if it becomes aware that divorce proceedings are underway in another country.

Voth v Manildra Flour Mills Pty Ltd (1990) 171 CLR 538

See Appropriate forum.