Barakat & Farid (No 2)

In the Federal Circuit Court of Australia, before Judge Obradovic, Ms Barakat (the applicant wife) and Mr Farid (the respondent husband) were involved in proceedings concerning parenting and property matters. The immediate dispute before the court concerned an application by the applicant wife for a stay of certain orders made on 2 October 2020, pending the outcome of an appeal.

The court was required to determine whether the applicant wife had established sufficient grounds to warrant a stay of the previously made orders. This involved assessing whether the reasons for granting a stay, typically requiring a strong arguable case on appeal and a risk of irreparable harm if the stay were not granted, were met. The court also considered various procedural matters, including the enforcement of interim orders and the disclosure of financial documents and information related to the sale of various items.

Judge Obradovic dismissed the application for a stay of orders 3, 4, 5, and 6 made on 2 October 2020, finding that the applicant wife had not made out the necessary reasons for granting such a stay. The court then proceeded to make a series of consent orders, including directions for the transfer of funds, the maintenance of motor vehicle insurance, and extensive disclosure requirements from the applicant wife concerning company records, personal financial information, and details of sales of various personal items. The court also addressed objections to subpoenas and vacated a listing, setting the matter down for a directions hearing.