Lesley and Lesley (No 2)

In the matter of *Lesley and Lesley (No 2)*, McClelland J of the Family Court of Australia considered applications made by the applicant husband concerning orders previously made on 23 October 2015. The dispute involved the husband's attempts to amend his application and seek a stay of certain orders, specifically Order 1 and Order 2, pending the determination of an appeal.

The primary legal issues before the court were whether the applicant husband should be granted leave to amend his application to include a stay of Order 1, and whether Order 1 and Order 2 should be stayed pending the determination of the appeal. The court also considered an application by the husband for leave to rely upon a specific affidavit.

McClelland J granted the husband's oral application to amend his application to include a stay of Order 1, and also granted leave to rely upon the filed affidavit. However, the court dismissed the husband's oral application for a stay of Order 1 pending the appeal. Order 2 was stayed, but only on the condition that the applicant husband pay to the respondent wife's solicitors an amount equivalent to his legal costs and disbursements to date by 23 January 2016. Furthermore, any future payments made by the husband for legal costs and disbursements (excluding single expert costs) were to be matched by an equivalent payment to the wife's solicitors for her legal costs and disbursements, payable on a dollar-for-dollar basis. The applicant husband's costs for the day were reserved pending the determination of the appeal.