A great many families in Singapore, Kuala Lumpur, Penang and Jakarta hold part of their wealth in Australia. A Melbourne apartment bought for a child at university. A Sydney investment property. Shares in an Australian company, or a family trust set up years ago on an accountant’s advice. While the family is united, nobody thinks about which country’s law applies. When a marriage breaks down or a parent dies and siblings disagree, it becomes the first question.
I am a lawyer and mediator in Melbourne, and much of my work is with families like these. My own family runs businesses in Malaysia, and I have worked in Singapore and Hong Kong, so I see these disputes from both sides of the border.
Which court decides, and what it can reach
In a separation, an Australian court can deal with property if either party has a sufficient connection to Australia, such as citizenship, residence or presence here. Once it has jurisdiction, the Family Law Act lets it consider the whole asset pool worldwide, not only what sits in Australia. A Singapore HDB flat, a Malaysian shophouse or shares in an Indonesian family company can all be counted when the court divides property.
The courts of Singapore, Malaysia and Indonesia apply their own rules, and more than one court may claim the case. Racing to file first, or running two sets of proceedings at once, is expensive and can produce orders that conflict. Australian courts will consider whether another country is the more appropriate place to decide the matter.
Inheritance disputes raise a different set of questions:
Which law governs the estate. Australian land generally passes under Australian law, wherever the deceased lived. Shares, bank accounts and other movable assets usually follow the law of the deceased’s domicile.
Whether a grant of probate is needed here. An Australian bank or land registry usually needs an Australian grant, or a foreign grant resealed here, before releasing assets.
Family provision claims. In Victoria and other states, eligible family members can apply for further provision from an estate if a Will leaves them inadequately provided for. This can surprise families used to fixed-share systems, including faraid in Malaysia and Indonesia.
Trusts. Assets held in a discretionary family trust are not part of the deceased’s estate. Control passes under the trust deed, which is often where the real dispute lies.
Why mediation suits cross-border families
Litigating in two countries means two sets of lawyers, translated evidence, time zones and years of delay. For families with businesses and reputations in tight-knit communities, it also means private matters aired in open court.
Mediation lets the family settle everything at once — the Australian property, the Singapore accounts, the Malaysian company — in one agreement, then formalise it in each country. In Australia, a family law settlement can be made into consent orders or a binding financial agreement. An estate settlement can be recorded in a deed and, where needed, approved by the court.
I mediate in English and Mandarin, in person in Melbourne or online, so family members in Singapore, Kuala Lumpur, Jakarta and Australia can take part without travelling. I am a Nationally Accredited Mediator, a Family Dispute Resolution Practitioner and a Family Law Arbitrator, and I am accredited in elder law mediation for disputes involving ageing parents.
Collaborative practice: settling without court from day one
Collaborative practice is another option. Each person has their own lawyer, and everyone signs an agreement not to go to court. Accountants, valuers or family consultants are brought in jointly where needed. It works well where the family wants to stay on speaking terms, for example because they still co-own a business or will co-parent children.
Practical first steps
List every asset and where it sits, including how it is legally held (personal name, company or trust).
Collect the documents: Wills, trust deeds, company constitutions, title searches and any prenuptial agreement.
Get advice on time limits. In Australia, property claims after divorce must usually be filed within 12 months of the divorce order, and family provision claims in Victoria within 6 months of the grant of probate.
Do not move or sell assets without advice. Courts in both countries can set aside dealings designed to defeat a claim.
Frequently asked questions
Can an Australian court divide property I own in Singapore or Malaysia? Yes. If the Australian court has jurisdiction, it considers worldwide assets when dividing property. Enforcing an order against an overseas asset may need further steps in that country.
My father lived in Malaysia but owned a Melbourne apartment. Which law applies? The Melbourne apartment is generally governed by Victorian law. You will usually need a Victorian grant of probate, or a resealed Malaysian grant, to deal with it.
Can mediation be conducted online across countries? Yes. Online mediation is now standard, and agreements can be signed electronically and later formalised in each country.
Is a mediated agreement binding? Not automatically. It becomes binding once formalised, for example as court consent orders, a financial agreement or a deed of settlement.
Contact us. If your family has assets in Australia and a dispute is starting, book an initial consultation. We will tell you which country’s law matters, what your options are, and whether mediation is realistic.
Related reading: Family business succession with Australian assets (read the guide); Holding Australian property through trusts and companies (read the guide).
This article is general information only and is not legal advice. Contact us for advice on your circumstances.
Justin Chua (蔡智勋), lawyer and mediator, Chua Tan Associates, Melbourne. General information only, not legal advice.
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