Local representation with a coordinated strategy
Our strategic partner law firms cover more than 30 cities across mainland China. This network helps arrange representation in the locality where jurisdiction, records, property or enforcement steps require it. We work with the appropriate PRC practitioners on Chinese proceedings and coordinate the Australian work, with agreed responsibilities, reporting and costs. Australian referring firms can obtain Chinese litigation support without transferring conduct of their Australian case.
We assess divorce status, property division and parenting issues separately, considering the parties' connections, service, evidence, urgent protection, costs and likely enforceability. Chinese Civil Procedure Law Articles 22–23 and relevant judicial interpretations inform territorial jurisdiction; special rules may apply to particular claims. A Chinese asset or nationality connection does not answer every jurisdictional question. Nor should an Australian order be assumed automatically to transfer Chinese title or be enforceable there.
Understand stays and anti-suit injunctions
In Henry v Henry (1996) 185 CLR 571; [1996] HCA 51, the High Court addressed competing matrimonial proceedings in Australia and Monaco. The Australian inquiry is whether the local court is a clearly inappropriate forum, considering the controversy and relevant connections. Foreign proceedings matter, but commencing first does not automatically secure priority. Advice should address what each court can actually resolve and whether the resulting orders can be recognised.
An anti-suit injunction is different from a stay: it restrains a person subject to the court's jurisdiction from pursuing another proceeding, rather than directing the foreign court. CSR Ltd v Cigna Insurance Australia Ltd (1997) 189 CLR 345; [1997] HCA 33 explains the distinct bases for relief, including protecting the local court's process and restraining foreign proceedings that are vexatious or oppressive in the equitable sense. The High Court set aside the injunctions in that case. It was a commercial dispute, not a promise of equivalent relief in a family case. We assess whether to seek or oppose such relief under the applicable family jurisdiction; duplication alone does not guarantee an injunction.
China also has rules addressing parallel foreign proceedings. Civil Procedure Law Articles 280–281 permit acceptance where Chinese jurisdiction exists and provide for a stay application where a foreign court accepted the dispute first, subject to conditions and exceptions. The interaction requires advice on both systems.
Identify what an overseas judgment actually decides
In Clayton v Bant [2020] HCA 44, the High Court held that the Dubai ruling in that case did not preclude the wife's Australian property and spousal-maintenance proceedings. The case does not make every foreign judgment irrelevant. It shows why advisers must examine the overseas claims, applicable law, reasons and orders before assuming that a divorce has also finally resolved financial rights. Coordinated pleadings and settlement terms can reduce inconsistent positions and unintended gaps.
Investigate Chinese assets to support full disclosure
We can help clients identify and document their Chinese property, company interests, income, debts and transfers, and examine disputed asset information. Where genuine Chinese proceedings are appropriate, local counsel can assess applications for court-assisted evidence collection under Civil Procedure Law Article 67 and other available procedures. Searches, access to bank or registry records and any investigation orders depend on lawful authority and local requirements; filing a case does not create unrestricted access.
Australian disclosure must not wait for Chinese litigation. Family Law Act sections 71B and 90RI, together with rules 6.01 and 6.06, require full and frank financial disclosure, including relevant direct and indirect overseas interests. We help organise source records, translations and explanations of missing information for the Australian solicitor. Any use in Australia of material obtained in China must respect applicable confidentiality, privacy, data-transfer and court-imposed restrictions.
Contact Hugh Zhao at PanAus Partners early with the existing proceedings, orders, deadlines and asset locations. We can discuss direct representation, the Chinese component of an Australian firm's matter, or a coordinated litigation and disclosure plan before the next filing or settlement step.
Key legislation and cases
Author: Hugh Zhao
Last updated: October 2026
Jurisdiction: Australia
Disclaimer: This article provides general information only and does not constitute legal, financial or tax advice. The law may change and its application depends on individual circumstances. You should obtain professional advice before acting on the information contained in this article.
