Freer & Freer

In the Family Court of Australia, Justice Strickland considered an application by the husband (respondent) for a stay of proceedings pending the outcome of Supreme Court proceedings, or alternatively, for the trial to be vacated. The wife and the Trustee in Bankruptcy also made an application for costs.

The primary legal issue before the court was whether the husband's application for a stay or vacation of the trial should be granted. A secondary issue concerned the entitlement of the wife and the Trustee in Bankruptcy to an order for costs.

Justice Strickland dismissed the husband's application, finding no basis to stay the Family Court proceedings or vacate the trial. The court reasoned that the husband had not demonstrated sufficient grounds to warrant such orders. Consequently, the court granted the application for costs in favour of the wife and the Trustee in Bankruptcy, ordering the husband to pay $1,750.00 to each party. The court also made directions regarding any future application by the husband to make submissions in the property settlement proceedings and adjourned further consideration.