Goudarzi and Bagheri (No 2)

In *Goudarzi and Bagheri (No 2)*, Cleary J of the Federal Circuit Court of Australia considered an application by the husband for a stay of certain orders made on 4 April 2016, pending the determination of appeal proceedings. The dispute concerned the financial obligations of the parties, specifically in relation to loan repayments, strata levies, and council and water rates for a property.

The primary legal issue before the Court was whether to grant a stay of the earlier orders. This required the Court to consider the principles governing the grant of interlocutory injunctions and stays, particularly in the context of family law proceedings and the potential impact on the parties and their assets. The Court had to balance the wife's obligations under the existing orders with the husband's request for a temporary suspension of those obligations.

Cleary J reasoned that a stay should be granted, subject to strict conditions. The Court ordered that the operation of specific earlier orders be stayed until the determination of the appeal proceedings, provided that the wife punctually paid all outstanding loan repayments for the St George Bank residential loans, strata levy payments for the Suburb R property, and council and water rates for that property. The Court stipulated that if the wife failed to make these payments when due, and such default persisted for seven days, the stay would be automatically discharged. The husband's costs were to be determined by the outcome of the appeal proceedings.