Cantoni & Cantoni (No. 2)

In *Cantoni & Cantoni (No. 2)*, the wife applied to Foster J of the Family Court of Australia for a stay of interim property orders made on 2 July 2021, pending the determination of her appeal against those orders.

The central legal issue before the court was whether the wife had established sufficient grounds to warrant a stay of the interim property orders. This involved considering the principles applicable to applications for stays pending appeal in family law proceedings, particularly in circumstances where the appeal might be rendered nugatory if a stay were not granted.

Foster J reasoned that a stay was appropriate in this instance, applying the principle that a stay should be granted if the appeal would be rendered nugatory without it. The court ordered that the interim property orders be stayed, subject to certain conditions. These conditions included the wife diligently prosecuting her appeal and application for leave to appeal, and that she meet all outgoings, including council rates, water rates, insurances, and mortgage instalments for the property at D Street, Suburb E, Victoria, from 2 July 2021 onwards, ensuring the mortgage balance did not exceed the amount owing on that date. The parties were granted liberty to apply regarding the implementation or enforcement of these orders, and the costs of the stay application were reserved.