Forster & Forster (No 2)

This matter concerned an application by the husband, Mr Forster, for a stay of property orders made by the Family Court on 10 February 2015, pending the determination of his appeal against those orders. The wife, Ms Forster, was the respondent.

The primary legal issue before Benjamin J was whether the husband had established sufficient grounds to warrant a stay of the final property orders, specifically the order requiring him to pay the wife $151,379.50. This involved considering the principles governing the grant of a stay of execution of court orders, particularly in the context of family law appeals.

His Honour noted that a stay of execution is an exceptional remedy and requires the applicant to demonstrate a strong case on appeal and that irreparable harm would be suffered if the stay were not granted. While the husband had filed an appeal, the court was not provided with sufficient information to assess the merits of that appeal. However, given the consent of the parties to the stay pending the appeal's determination, Benjamin J made orders to that effect.

The court ordered that property order 2 of the Family Court orders made on 10 February 2015 be stayed pending the determination of the husband's appeal from those final orders.