MASOUD & MASOUD (STAY APPLICATION)

This matter concerned an application by the wife for the enforcement of final orders, specifically a warrant for the seizure and sale of property, and a review of a determination made by a Registrar. Concurrently, the husband sought a stay of certain substantive orders pending his appeal against them. The proceedings were heard by Benjamin J in the Family Court of Australia.

The primary legal issues before the Court were whether to grant the wife's application for enforcement of orders, and whether to grant the husband's application for a stay of specific orders made on 4 October 2013, pending the determination of his appeal. The Court was required to consider the balance of convenience and the merits of the appeal in determining the stay applications.

Benjamin J granted the stay application in part. The operation of order 45, made by Justice Fowler on 4 October 2013, was stayed pending the determination of the husband's appeal. Furthermore, the remainder of order 53 (Spousal Maintenance) was stayed, conditional upon the husband making partial monthly payments of $2,666 to the wife, commencing from 4 August 2014, and paying outstanding arrears by 4 October 2014. The husband's application to stay order 54 (Child Support) was dismissed. The stay orders were further conditional upon the husband paying $10,000 to School A within fourteen days. The enforcement warrant sought by the wife and the review of the Registrar's determination were stood over for a directions hearing. Costs were reserved, with liberty to apply.