ALLBECK & FIELDERS

In the Family Court of Australia, Judge Newbrun considered an application by the Wife for a stay of property proceedings. The dispute arose in the context of separate damages proceedings that the Wife had commenced against the Husband in the District Court of New South Wales.

The central legal issue before the Court was whether the property proceedings in the Family Court should be stayed pending the outcome of the damages action in the District Court. The Court also considered the Husband's applications related to the proceedings.

His Honour granted the Wife's application for a stay, ordering that the property proceedings be stayed until judgment was delivered in the District Court action, or until further order. The Court also dismissed the Husband's application filed on 25 February 2020 and his proposed Minute of Order filed on 27 May 2020. Liberty was granted to either party to relist the proceedings on 14 days' notice, and the Wife's application for costs from the interim hearing was reserved.