Gull and Gull (No. 2)

In the matter of *Gull and Gull (No. 2)*, heard before Mushin J, the wife sought a stay of previous orders made on 19 March 2008, pending the determination of her appeal against those orders to the Full Court of the Family Court. The dispute also concerned the authorisation of parties to draw funds from a joint account to meet mortgage outgoings on specific properties.

The primary legal issues before the court were whether to grant a stay of the earlier orders and, if so, on what terms. The court was also required to determine the extent to which the parties should be authorised to draw funds from the specified Westpac account to cover mortgage payments on the former matrimonial home and another property.

Mushin J granted the stay of the 19 March 2008 orders, subject to an undertaking by the wife to abide by any order for damages that might arise in favour of the husband as a result of the court's orders. The court further authorised both parties to draw specified monthly amounts from the husband's Westpac account to meet the mortgage obligations on the former matrimonial home and the property at B. All questions of costs were reserved to the Full Court, and general liberty to apply was granted to both parties.