Cagnani and Stankic (No. 2)

In *Cagnani and Stankic (No. 2)*, Benjamin J of the Federal Circuit and Family Court of Australia considered an application by the husband for a stay of orders made in family law proceedings. The dispute concerned the division of superannuation interests between the parties.

The primary legal issue before the court was whether to grant the husband's application for a stay of the existing orders, which included provisions for the splitting of a splittable payment from the AZ Superannuation Scheme to the wife. The court also had to determine the terms of consent orders relating to this superannuation splitting.

Benjamin J dismissed the husband's application for a stay of orders. The court made consent orders pursuant to leave granted, which provided for the husband to receive a specific amount from the wife's interest in the AZ Superannuation Scheme when a splittable payment became payable. These orders stipulated that the operative time for the superannuation split would be twenty-eight business days after service of the sealed Final Orders on the Trustees of the AZ Superannuation Scheme, with liberty reserved for the Trustees and parties to apply within that period. The court also reserved costs in relation to the stay application, with the ultimate determination of costs contingent on the outcome of any appeal.