Kidd and Kidd

In *Kidd and Kidd*, the applicant husband sought a stay of certain orders made on 28 June 2013 pending the outcome of his application for leave to appeal. The husband contended that an injustice arose because a Conciliation Conference document was inadvertently tendered in interim proceedings. The wife also sought the disqualification of the judge from hearing further proceedings, citing offers of settlement.

The court was required to determine whether to grant a stay of the previous orders, and if so, on what conditions. Additionally, the court had to consider the application for the judge's disqualification.

Judge Scarlett granted the stay of the orders made on 28 June 2013, subject to the condition that the husband receive $30,000 from the proceeds of sale of the former matrimonial home, held in the wife's bank account, within fourteen days. The wife's solicitor was permitted to retrieve the Conciliation Conference document from the court file within seven days. The hearing dates of 27 and 28 February 2014 were vacated, and the proceeding was transferred to the Family Court of Australia at Sydney for a future hearing. The parties' costs were reserved.