Baghti and Baghti (No. 2)

The Family Court of Australia, presided over by Fowler J, considered applications for costs and a stay of proceedings in the matter of Baghti and Baghti. The applicant was Ms. Baghti, and the respondent was Mr. Baghti. Mr. and Mrs. B intervened in the proceedings. The Independent Children’s Lawyer was Legal Aid NSW.

The court was required to determine several legal issues, including whether to grant the husband's oral application to have his stay application heard first, the appropriate costs orders to be made in favour of the interveners and the Independent Children’s Lawyer, and the quantum and timing of costs payable by the husband to the wife for both parenting and property proceedings. The court also considered the husband's application for a stay of the parenting orders and the financial judgment.

Fowler J dismissed the husband's application to have his stay application heard first, stating it was appropriate to deal with other matters first. The court ordered the husband to pay the interveners' costs on an indemnity basis for the hearing period and on a party and party basis otherwise, noting the husband's complete lack of success against them and their intervention to protect their property and creditor rights. The husband was also ordered to pay Legal Aid NSW $12,254.40, representing his half share of the Independent Children’s Lawyer’s costs, with payment deferred until the finalisation of the judgment or any appellate judgment. The husband was ordered to pay $15,000 towards the wife's costs of the parenting proceedings, with payment also deferred. Furthermore, the husband was ordered to pay 25 per cent of the wife's costs for the property proceedings, also deferred. The court refused the husband's application for a stay of the parenting orders and the financial judgment. The husband was ordered to sign documents to implement a prior order regarding the sale of a business within seven days, failing which a Registrar was appointed to execute them. The husband's application for security for costs was referred to the Full Court. The court also made orders, by consent, regarding the sale of a business, the distribution of sale proceeds, and a covenant not to compete, with Ms. B agreeing to comply with these orders.