Grefeld and Grefeld and Anor (No 2)

[2010] FamCA 819

FAMILY COURT OF AUSTRALIA

GREFELD & GREFELD AND ANOR (NO. 2) [2010] FamCA 819

FAMILY LAW – PROPERTY – Application seeking a stay of orders pending the determination of an appeal – Where there is an application for leave to appeal out of time – Where the application is not opposed – Stay to be granted pending the determination of the application for leave to appeal out of time

APPLICANT: Ms Grefeld

FIRST RESPONDENT: Mr Grefeld

SECOND RESPONDENT: Ms J Grefeld

FILE NUMBER: BRF 2504 of 2005

DATE DELIVERED: 25 August 2010

PLACE DELIVERED: Brisbane

PLACE HEARD: Brisbane

JUDGMENT OF: Barry

HEARING DATE: 25 August 2010

REPRESENTATION

SOLICITOR FOR THE APPLICANT: Mr Sheehy, Solicitor of Peter Sheehy Solicitors appearing for the Applicant Wife

COUNSEL FOR THE FIRST RESPONDENT: No appearance by the First Respondent

COUNSEL FOR THE SECOND 

RESPONDENT:

Mr McGregor of Counsel appearing for the Second Respondent

SOLICITORS FOR THE SECOND

RESPONDENT:

Jones McCarthy Lawyers

Orders

IT IS ORDERED BY CONSENT THAT:

1. Pending the determination of the application for leave to appeal out of time and if leave is granted, the Appeal to the Full Court, the Orders made by the Honourable Justice Barry on 22 June 2010 be stayed.

2. The Wife shall pay as and when they fall due, all rates and other charges and levies in relation to the property situated at E Road.

3. The Wife shall properly maintain the property and its surrounds and shall keep the same in good order and condition.

4. The Wife shall insure the property for its full market value and keep the same insured on the following terms and conditions for as long as the Wife remains the registered owner of the property:

   a.the Wife abide by all terms and conditions of the insurance policy, maintain payments to the security company monitoring the property and not leave the property unoccupied beyond the period of time specified in the policy;

   b.the Wife forthwith advise the insurance company of the proceedings in this Honourable Court including, if requested, by the company, providing the company with a copy of the Orders of 22 June 2010 and do all acts and things and sign all documents necessary to add the Second Respondent to the insurance policy as a co-insured or joint policy holder;

   c.the Wife provide the Second Respondent’s solicitors with a certificate of insurance for the property by 10 September 2010 upon which the Wife and the Second Respondent appear as the only two (2) interested co-insured parties of the insurance policy;

   d.the Wife forthwith inform the Second Respondent of any insurance events and consult her about any claims;

   e.the Wife forthwith advise her insurance company and her insurance broker/agent that all correspondence and matters pertaining to the insurance policy itself, including all claims to be made in respect of the policy, are to be communicated to the Second Respondent;

   f.any insurance claim in excess of $1,000 be conducted by the Wife in consultation with the Second Respondent; and

   g.no structural alterations be made to the property without the Second Respondent’s written consent.

5. If either party refuses or neglects to execute any documentation necessary to give effect to these Orders within fourteen (14) days of receipt by that party of a written request to do so then a Registrar of the Family Court at Brisbane is appointed pursuant to Section 106A of the Family Law Act, to execute such documents on behalf of the defaulting party and to do all acts and things necessary to give validity and operation to such documents.

6. The costs of and incidental to this application be reserved pending the decision of the application for leave to appeal out of time or, if granted, the Appeal to the Full Court.

IT IS FURTHER ORDERED THAT:

1. Paragraph (5) of the Second Respondent’s Response to an Application in a Case filed by leave on 25 August 2010 is adjourned to be a date to be fixed subsequent to the determination of the Full Court of the substantive appeal.

IT IS NOTED that publication of this judgment under the pseudonym Grefeld and Grefeld and Anor is approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth)

FAMILY COURT OF AUSTRALIA AT BRISBANE

FILE NUMBER: BRF 2504 of 2005

MS GREFELD

Applicant

And

MR GREFELD
First Respondent

MS J GREFELD

Second Respondent

REASONS FOR JUDGMENT

1. I am asked to deal with an application filed on 10 August seeking a stay of the orders made on 22 June this year, pending the determination of an appeal.  There is to be heard tomorrow by May J an application for leave to appeal out of time.  That application, I am informed, is not opposed, so it is a formality that a notice of appeal will be filed.  I have been addressed by the legal representative for the applicant and I am satisfied that, apart from provision where the trial Judge may grant a stay of the orders where an appeal is lodged, there is a general power for a Judge to issue a stay.  I am satisfied that I am able to exercise that jurisdiction and that course was not challenged by counsel for the respondent.

2. I will make an order for a stay subject to the orders as sought in the response document being acceded to.  A response was filed by leave on today’s date.  It sets out the total of seven orders sought.

3. I understand from Mr Sheehy, acting for the applicant, that those orders are not opposed, save for an amendment of the order sought in paragraph 4.3 where the time limit for a certificate of insurance is to be provided by this Friday.  I propose to amend that to Friday, 10 September.

I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Barry delivered on 25 August 2010.

Associate: 

Date:  25 August 2010