M & M

In the matter of M & M, Cohen J of the Family Court of Australia considered an application by the husband concerning orders made by the Deputy Registrar on 26 March 2008. The wife had also filed a section 79 application, which the husband sought to restrain.

The central legal issues before Cohen J were whether the orders of the Deputy Registrar made on 26 March 2008 were valid, and whether the husband was entitled to a stay of those orders, a postponement of their operation, or an order restraining the wife from proceeding with her section 79 application.

Cohen J declared the orders of the Deputy Registrar made on 26 March 2008 to be null and void *ab initio*. Consequently, the husband's applications for a stay and for an order postponing the operation of the declared void orders were refused. Similarly, the husband's application to restrain the wife from proceeding with her section 79 application was also refused. The costs of the application were reserved to be determined by the judicial officer who ultimately resolves the principal proceedings.