Haykal and Krawiec (No 2)

In *Haykal and Krawiec (No 2)*, Watts J of the Family Court of Australia considered an application by the husband for a stay of a prior order that refused his application for leave to institute proceedings for spousal maintenance against the wife. The court also considered whether to make an order under s 102Q of the *Family Law Act 1975* (Cth) prohibiting the husband from instituting or conducting further proceedings against the wife in respect of financial matters without leave.

The primary legal issues before the court were whether the husband's prior conduct warranted the imposition of a vexatious proceedings order, and whether the husband had instituted and conducted proceedings without reasonable cause or in a manner intended to harass, annoy, or cause detriment to the wife. The court was also required to determine the husband's application for a stay of the order refusing leave for spousal maintenance.

His Honour found that the husband had a history of instituting and conducting vexatious proceedings in Australian courts. Applying the principles of s 102Q of the *Family Law Act 1975* (Cth), the court determined that the husband had indeed instituted and conducted proceedings without reasonable cause and in a way that was vexatious. Consequently, the court dismissed the husband's application for a stay of the prior order.

The court made orders prohibiting the husband from instituting proceedings under the *Family Law Act 1975* (Cth) concerning maintenance of a party or property of the parties, and any related proceedings in relation to completed proceedings of those kinds, without leave.