Interim Anti-Suit Injunctions in Australian Family Law

I recently had the opportunity to co-present with other members of the International Academy of Family Lawyers on a complex but increasingly relevant topic: interim anti-suit injunctions and their role in protecting Australian family law proceedings from foreign interference.

These injunctions are a powerful tool used to temporarily restrain parties from initiating or continuing legal action overseas, especially when such actions threaten to undermine the jurisdiction or fairness of Australian proceedings.

Key points I covered:

• The legal basis under the Family Law Act 1975 and equitable jurisdiction
• When and why these injunctions are sought – often in urgent cross-border family disputes
• The importance of comity and respecting foreign courts
• The Voth Principle and how Australian courts assess jurisdiction and forum appropriateness
• The test: Is Australia a clearly inappropriate forum? If not, courts may intervene to prevent injustice or procedural unfairness

As global mobility increases, so too does the complexity of family law disputes across jurisdictions. Understanding how and when to seek an anti-suit injunction is critical for practitioners navigating international family law.