Byrd and Byrd and Ors

In *Byrd and Byrd*, heard before Murphy J of the Family Court of Australia, the husband sought to amend his initiating application filed on 15 February 2010. The wife had previously filed a response to the husband's initiating application on 27 October 2009.

The primary legal issue before the court was whether the husband's amended initiating application should be dismissed. A secondary issue concerned the wife's application contained within her response, which was to be listed for further hearing.

Murphy J ordered that the husband's amended initiating application be dismissed. The court further ordered that the husband was to pay the wife's costs associated with this dismissed application, with these costs to be satisfied from the proceeds of the sale of a yacht owned by the husband. The wife's application, filed on 27 October 2009, was to be listed for hearing before a Registrar of the Family Court of Australia in Brisbane.