Forster and Forster (No 8)

In *Forster and Forster (No 8)*, Cronin J of the Family Court of Australia considered an application by the husband for a stay of proceedings and the wife's response to that application, which also sought to apply funds towards an outstanding costs order. The dispute concerned the application of funds held in trust and the husband's attempt to halt further action.

The primary legal issue before the court was whether the husband was entitled to a stay of proceedings. Ancillary to this, the court had to determine how funds held in a trust account should be applied in satisfaction of an existing costs order made in favour of the wife.

Cronin J dismissed the husband's application for a stay, finding no grounds to support it. The court reasoned that the wife was entitled to have the funds held by Ms D Trust Account applied towards the costs order previously made. Consequently, the court ordered that a specific sum be paid from the trust account to the wife in part satisfaction of the outstanding costs. The husband was also ordered to pay the wife's further costs fixed at $880. The wife's response to the husband's application was otherwise dismissed.