HALL & HALL

In the matter of Hall & Hall, the wife sought to restrain the husband from enforcing a costs order made by the High Court. The wife argued that the Family Court possessed the power to stay the operation of the High Court's costs order.

The central legal issue before Berman J was whether the Family Court had jurisdiction to grant a stay of a costs order made by the High Court, and if so, whether there were sufficient grounds to exercise that power in the present circumstances.

Berman J considered the wife's application under section 114(1) of the *Family Law Act 1975* (Cth), which grants the Family Court power to make orders restraining a party from taking action. His Honour found that while the Court had the power to restrain the husband from enforcing the costs order, there was no evidence to suggest the wife was compelled to repay her liabilities with any priority that would warrant such a restraint. Consequently, His Honour determined there was no good reason to restrain the husband from seeking to enforce the costs order.

The wife's Application in a Case filed on 5 January 2017 was dismissed.