Macris & Galanis

[2015] FCCA 2623

FEDERAL CIRCUIT COURT OF AUSTRALIA

MACRIS & GALANIS [2015] FCCA 2623

Catchwords:
FAMILY LAW – Stay – application for stay pending determination of Appeal – principles considered – parenting proceedings – property proceedings – stay of property orders granted on condition that Applicant pay an amount as an interim property settlement.

Legislation:

Family Law Act 1975 (Cth), ss.60CA, 79, 80

Cases cited:
Aldridge & Keaton (Stay Appeal) [2009] FamCAFC 106
Besser & McCoy [2008] FamCAFC 27; (2008) FLC 93-361; 217 FLR 182
Clemett & Clemett (1981) FLC 91-013
CSN & JBN (1998) FLC 92-833
Galanis & Macris [2015] FCCA 2567

Applicant: MR MACRIS

Respondent: MS GALANIS

File Number: WOC 576 of 2010

Judgment of: Judge Scarlett

Hearing date: 17 July 2015

Date of Last Submission: 17 July 2015

Delivered at: Sydney

Delivered on: 22 July 2015

REPRESENTATION

Counsel for the Applicant: Mr Millar

Solicitors for the Applicant: Rita Thakur & Associates

Counsel for the Respondent: Mr Wong

Solicitors for the Respondent: Hansons Lawyers

ORDERS

UNTIL FURTHER ORDER

1. Orders 4, 5, 6, 7 and 8 made on 12 June 2015 are stayed pending the determination of the Appeal lodged by the father on 9 July 2015 in proceedings Number EA 108/2015; and

2. Order (1) made on 30 June 2015 is stayed pending the determination of the said Appeal in proceedings EA 108/2015 on condition that the husband pay to the wife the sum of $50,000.00 by way of interim property settlement within 42 days of the date of these Orders. 

IT IS NOTED that publication of this judgment under the pseudonym Macris & Galanis is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

WOC 576 of 2010

MR MACRIS

Applicant

And

MS GALANIS

Respondent

REASONS FOR JUDGMENT

Application

1. These are Applications for a stay of parenting orders made on 12 June 2015 and property Orders made on 30 June 2015. The husband has appealed against the Orders.  

Procedural History

1. On 12 June 2015 I made Orders in parenting proceedings providing that (in summary):

   a)the parties were to have equal shared parental responsibility for their two children, X, born on (omitted) 2004 and Y, born on (omitted) 2006;

   b)the children were to live with their mother; the father was to spend time with the children on alternate weekends, for half of the mid-year school holidays, for two weeks during the Christmas/January school holidays and on special occasions; and

   c)other ancillary orders.

2. On 30 June 2015 I made final Orders in property proceedings between the parties, providing that (in summary):

   a)within three months the husband was to pay to the wife the sum of $400,000.00;

   b)the wife was declared the sole owner of a property at Property S, New South Wales;

   c)the husband was declared the sole owner of properties at Property A1 & A2, New South Wales; and

   d)The parties would retain other personal property then in their possession or control.

3. On 9 July 2015 the husband filed a Notice of…