Event and Time
Event Description
The case centers on an appeal made by Mr. Hao ("the husband") against an order made by Justice Stevenson on 18 December 2015 regarding property proceedings related to the couple’s assets in both Australia and China. The appeal was finalized by consent, and the Full Court considered whether an "appealable error" had occurred and whether costs certificates should be granted to both parties.
Application and Claims
- Husband's Claims:
- Challenged Order 2 made by Justice Stevenson, which restrained him from litigation in China without providing him a chance to be heard. - Requested a costs certificate pursuant to section 9 of the Federal Proceedings (Costs) Act 1981 (Cth).
- Wife's Claims:
- Filed an application to restrain the husband from litigating in China on 23 December 2014. - Requested a costs certificate pursuant to section 6 of the Federal Proceedings (Costs) Act 1981 (Cth).
Judicial Decisions
- The Full Court allowed the appeal, discharged Order 2, and remitted the case back to a different judge of the Family Court.
- Both parties were granted costs certificates under the Federal Proceedings (Costs) Act 1981 (Cth).
Dispute Points and Legal Basis
Dispute Points
- Husband's Arguments:
- Asserted that Justice Stevenson erred in making an interim order without providing him an opportunity for natural justice or a hearing. - Contended that the anti-suit application was not properly listed or heard.
- Wife's Arguments:
- Sought to maintain the restraining order against the husband based on her application from December 2014. - Argued for the validity of the interim orders made by Justice Stevenson.