Kipling & Netis

In the matter of *Kipling & Netis*, the husband sought a further stay of final property adjustment orders and a stay of a specific order made under section 106A of the *Family Law Act 1975* (Cth) directing the Registrar to sign an authority for funds to be released to the wife. The husband's final avenue of appeal against the property adjustment orders had been exhausted by an order of the High Court of Australia.

The legal issues before the court were whether the husband had established grounds for a further stay of the final property adjustment orders, and whether a stay should be granted in respect of the section 106A order authorising the release of funds to the wife.

Baumann J dismissed the husband's application. The court reasoned that the husband had not demonstrated any basis for a further stay of the final property orders, particularly given that his appeal rights had been exhausted. The court also found no grounds to grant a stay of the section 106A order, which was consequential to the final property orders. The court's decision reflected the finality of the property adjustment orders and the lack of any compelling reason to interfere with the execution of those orders.