Forster and Forster (No.3)

The Family Court of Australia, in the matter of Forster & Forster (No.3), heard an urgent application by Mr. Forster (the husband) for seven orders, including a stay of orders made on 23 January 2013. The respondent was Ms. Forster (the wife). The application was brought on for hearing on 25 January 2013.

The primary legal issue before the court was whether to grant a stay of the orders made on 23 January 2013, which had facilitated the sale of a property. The court was also required to consider the husband's other requested orders, including an expedited hearing for a separate stay application, the stay of a duplicate certificate of title, the termination of a restraining order, the return of property, the appointment of a litigation guardian for the wife, and a medical examination of the wife.

Justice Cronin dismissed the application for a stay of the 23 January 2013 orders, noting that the property sale had already been completed and settlement effected. The court applied established principles regarding stays, which are discretionary and require the applicant to demonstrate a basis for the relief, considering whether refusal would render an appeal nugatory and the merits of the grounds of appeal. The court found no merit in the husband's grounds of appeal, which related to insufficient information, denial of procedural fairness, and denial of natural justice. The court also found no power to grant the other requested orders, as they were either moot, beyond its jurisdiction, or unsupported by evidence.

The application by the husband for a stay of the orders made on 23 January 2013 was dismissed. The costs of the wife for the day were fixed at $425 and reserved to the trial judge.