Athanastos and Athanastos (No 2)

In *Athanastos and Athanastos (No 2)*, the husband applied to the Federal Magistrates Court of Australia for a stay of existing orders. The wife sought costs in relation to this application.

The primary legal issue before the court was whether the husband had established sufficient grounds to warrant a stay of the previously made orders. A secondary issue concerned the wife's entitlement to costs, particularly in light of the husband's unsuccessful application and his financial circumstances.

Le Poer Trench J dismissed the husband's application for a stay of orders, finding it wholly unsuccessful. The court also refused the specific order sought by the husband in his minute of order. In relation to costs, the court ordered the husband to pay the wife's costs of the stay application, assessing these at $1000, taking into account the husband's financial position.