Davalos and Davalos

In the matter of *Davalos and Davalos*, Johnston J considered applications by both the husband and wife. The husband proposed to rely on his affidavit and financial statements, while the wife sought to cross-examine the husband and another individual, Ms B Davalos, regarding material within their financial statements. The wife also sought leave to issue subpoenas in relation to a "leave" application.

The court was required to determine whether to grant the wife leave to issue subpoenas, and to consider the implications of a stay on a previous order pending the wife's appeal. Further, the court needed to address the husband's application for leave to make a costs application out of time.

Johnston J granted the wife leave to issue subpoenas and ordered a stay of a previous order, conditional upon the husband and wife taking all necessary steps to facilitate the payment of $500,000 from a controlled money account to the husband. The proceedings were adjourned for an application for implementation orders, and the husband's application for leave to make a costs application out of time was listed for a future hearing. All costs were reserved.