Forster and Forster (No. 6)

The case of *Forster & Forster (No. 6)* involved an application by Mr Forster (the husband) to the Family Court of Australia for a stay of orders made on 28 March 2013, pending an appeal. The husband also sought an extension of time to file his evidence in chief, including affidavits and a financial statement, and requested the wife provide specific financial information or that a subpoena be issued for its production. The respondent, Ms Forster (the wife), was represented by her solicitor.

The primary legal issues before the Court were whether the husband had established a proper basis for a stay of the previous orders, and if not, whether he should be granted an extension of time to file his evidence and whether further financial disclosure was warranted. The Court was required to assess the merits of the grounds of appeal raised by the husband and consider the wife's entitlement to have the lengthy litigation brought to an end.

Justice Cronin refused the application for a stay, finding that the grounds of appeal disclosed no prospect of success. The Court applied the principles relating to stays, noting the husband's onus to establish a proper basis and the wife's right to finality in the proceedings. The Court also considered the husband's requests for further financial information, noting that the wife asserted she had already provided substantial discovery. While dismissing the husband's application for a stay, the Court extended the time for the husband to file his evidence in chief and affidavits until 4.00 pm on 26 June 2013. The wife was granted leave to lead evidence viva voce at trial if necessary to respond to the husband's material. The Court also permitted the husband to apply for a subpoena to banking institutions if he could satisfy the Registrar of the relevance of the documents sought.