Martin and Anor and Martin and Ors

In the matter of *Martin and Anor and Martin and Ors*, Thornton J of the Family Court of Australia considered applications arising from final property orders made in April 2015. The applicants sought to compel the removal of caveats over a property that had been contracted for sale prior to settlement. They also applied for a stay of the final orders, and for the vacation and adjournment of a listing concerning costs.

The court was required to determine whether the requirements for a mandatory injunction to compel the removal of the caveats were satisfied under section 114(3) of the *Family Law Act 1975* (Cth). Additionally, the court considered the application for a stay of the final property orders, given that an application for leave to appeal and an appeal were pending. The court also addressed the parties' request to vacate and adjourn a costs hearing.

Regarding the application for the removal of caveats, the court found that the section 114(3) requirements were not satisfied and therefore refused this application. For the stay application and the costs listing, the court determined that the issues and history could be best ventilated before the judicial officer who made the final orders. Consequently, these applications were adjourned for directions.

The final orders made on 4 June 2015 included the adjournment of the stay application and the costs listing for mention on 6 July 2015 before Justice Cronin, with costs reserved. On 22 June 2015, the application for the withdrawal of caveats over the E Town property was dismissed. Proceeds from the sale of this property were to be held in trust by the third respondent until the determination of the stay application.