Carr & Co was recently involved in a successful appeal to the Full Court of the Family Court of Australia which has been reported as Teo & Guan [2015] FamCAFC 94.
The appeal related to the Family Court of Western Australia’s power to grant an order (known as an “anti-suit injunction”) to prevent a party from commencing or continuing Court proceedings in a foreign Court (in this case in the High Court of the Republic of Singapore).
William Carr, who represents the wife, successfully obtained an anti-suit injunction from the Family Court of Western Australia to prevent the husband from continuing proceedings he had commenced in Singapore to
- uphold a deed of family arrangement which purported to govern the parties’ ownership of assets in Australia and Singapore; and
- to restrain the wife from continuing proceedings she had commenced in the Family Court of Western Australia to set aside the deed.
The Full Court granted the husband leave to appeal the anti-suit injunction order as the Court considered the case had “general importance”. The husband’s appeal was unsuccessful and was dismissed with costs.
The wife’s application to set aside the Singaporean deed is continuing.