International Clients
We regularly act for international clients where there is property in countries other than Australia. In some cases, proceedings can be started by one party in another country and by the other party in Australia. When this happens the issue of the competing jurisdictions of the Court of both countries must then be resolved. Usually this involves a tactical consideration of which country's laws will give our client the best outcome and often involves us liaising with lawyers in other countries. Where needed, we can either:
- commence proceedings in Australia;
- apply to stay (or suspend) the Australian proceedings commenced by the other party in Australia until the court of another country resolves the issue; or
- oppose an application that Australian proceedings be stayed, if it is in our client's interest to have the proceedings determined in Australia.
We can also provide expert evidence as experienced Family Lawyers in Australia, for use in a court in a different country as to the process that the Australian Family Court would take in determining the matter, and the likely outcome. This kind of evidence is often needed if the decision is made to attempt to stay (or suspend) the foreign proceedings so that matters can ultimately be determined in Australia.
To date, we have been involved in matters involving litigation in Australia and Germany, Singapore, Malaysia, China, Hong Kong, Papua New Guinea, the United Kingdom, the Netherlands, the United States of America, Phillippines, Vanuatu, New Zealand and Canada.
We also regularly act for parents seeking to prevent their child being wrongfully removed from Australia and negotiate safe arrangements for international travel.
Where necessary, we are also able to commence proceedings on an urgent basis, so that children can be placed on the Airport Watchlist, maintained by the Australian federal Police at all points of international departure from Australia, to ensure that children cannot be taken out of Australia without the consent of both parents.
Useful factsheets:
International clients - can my matter be determined in Australian Courts?
International child abduction - unlawful removal of children from Australia