Allen and Allen

This case involved an appeal by the husband against orders made by Justice Collier on 18 May 2007. The dispute concerned the husband's applications for stays of orders made by Justice Coleman and his application for leave to appeal out of time against those orders. The Full Court of the Family Court of Australia, comprising Finn, May, and Thackray JJ, considered the husband's appeal and related applications.

The primary legal issues before the Full Court were whether to grant a stay of certain orders, the appropriate handling of proceeds from the sale of a property at Baulkham Hills pending the determination of the husband's application for leave to appeal, and the merits of the husband's appeal against Justice Collier's orders. The court also had to address the husband's concerns regarding the valuation and sale of the Baulkham Hills property and the costs associated with these matters.

The Full Court noted that Justice Collier had mistakenly believed the husband's applications for leave to appeal would be heard by the Full Court before the property sale settled. In reality, the application was listed before a single judge of the Appeal Division. The court acknowledged that the misunderstanding of the procedural listing was not attributable to any party or judge. The court then made orders to preserve $100,000 from each party's share of the Baulkham Hills property sale proceeds in a solicitor's trust account, pending the determination of the husband's application for leave to appeal.

The Full Court dismissed the husband's appeal against Justice Collier's orders of 18 May 2007. Furthermore, the husband was ordered to pay the wife's costs of and incidental to the application filed on 4 June 2007 and the appeal against Justice Collier's orders.