Massalski & Riley (No. 2)

[2021] FamCA 138

FAMILY COURT OF AUSTRALIA

Massalski & Riley (No. 2) [2021] FamCA 138

File number(s):	SYC 496 of 2015
Judgment of:	MCCLELLAND  DCJ
Date of judgment:	5 March 2021
Catchwords:	FAMILY LAW – PRACTICE AND PROCEDURE – Stay of costs order – Where the Applicant seeks a stay of orders made in respect to costs by the trial judge and orders made in assessing the quantum of costs by a Registrar – Where an appeal of the substantive decision is pending – Where no appeal has been filed against the costs decision – Where no review of the Registrar’s decision has been filed – Where the Respondent has provided an undertaking to the Court not to seek to enforce the costs order or the assessment of the costs payable until such time that the Full Court delivers its decision in respect to the appeal of the substantive property decision – Application dismissed.
Legislation:	Family Law Act 1975 (Cth) s 106A
Cases cited:	Aldridge & Keaton (Stay Appeal) [2009] FamCAFC 106
Number of paragraphs:	20
Date of hearing:	5 March 2021
Place:	Sydney by web conference
Counsel for the Applicant:	The Applicant appearing in person
Solicitor for the Respondent:	Mr Byrnes of Russell C Byrnes Solicitors

ORDERS

SYC 496 of 2015

BETWEEN:

MS MASSALSKI

Applicant

AND:

MR RILEY

Respondent

ORDER MADE BY:	MCCLELLAND  DCJ
DATE OF ORDER:	5 MARCH 2021

THE COURT NOTES THAT:

A.The Respondent de facto husband, through his solicitor, has provided an undertaking to the Court that he would not seek to enforce the costs order made by me on 25 May 2020 and/or the assessment made by Registrar Chayna determining the amount of costs payable in her decision dated 2 November 2020 until such time as the Full Court delivers judgment on the appeal of my judgment delivered on 24 December 2019.

THE COURT ORDERS THAT:

1.The Applicant de facto wife’s Application in a Case filed 18 January 2021 is dismissed with no order as to costs.

Note:   The form of the order is subject to the entry in the Court’s records.

Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to 17.02 Family Law Rules 2004 (Cth).

IT IS NOTED that publication of this judgment by this Court under the pseudonym Massalski & Riley has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

EX TEMPORE REASONS FOR JUDGMENT

McClelland DCJ:

1. This decision concerns an Application by Ms Massalski (“the Applicant”) seeking a stay of the costs order I made on 25 May 2020 and orders made on 2 November 2020 by a Registrar determining the amount of costs payable.

2. By way of a brief background, on 24 December 2019, I delivered judgment and made final orders in respect to the adjustment of the parties’ property interests arising from…