Ettridge and Somers (No 3)

In *Ettridge and Somers (No 3)*, Johns J of the Family Court of Australia considered an application by the respondent for a stay of four sets of orders made by the Court over a period of almost two years, pending his appeal. The applicant also sought a warrant for possession of the former matrimonial home, alleging the respondent had failed to provide vacant possession as previously ordered.

The primary legal issues before the Court were whether there was a sufficient basis to grant a stay of the existing orders pending appeal, and whether a warrant for possession should issue to enforce the order for vacant possession of the property.

Johns J found no basis to grant the stay of the orders, dismissing the respondent's application. The Court reasoned that the respondent had not demonstrated any grounds that would warrant such an intervention. Consequently, the Court ordered that a warrant for possession issue, directing the Marshal and officers of the Australian Federal Police to enter the property, cause the respondent to vacate, and give vacant possession to the applicant. The Court also ordered the dismissal of certain applications and provided directions for written submissions regarding costs.