Mena and Mena and Anor

In the matter of *Mena and Mena and Anor*, Cleary J of the Family Court of Australia considered applications by the Wife concerning orders made on 12 December 2012 and the costs of a final hearing. The Wife sought a stay of certain orders pending her appeal, and also sought costs from the Second Respondent, Ms Mena Snr.

The primary legal issues before the court were whether to grant a stay of specific orders made on 12 December 2012, and whether to order the Second Respondent to pay a portion of the Applicant Wife's costs of the final hearing. The court also had to consider the terms of a consent document regarding other aspects of the proceedings.

Cleary J ordered that certain orders of 12 December 2012 be stayed for 42 days, and that the First Respondent Husband be restrained from dealing with or further encumbering the properties at D Street, H Town without the Wife's written consent, which was not to be unreasonably withheld. The court made no order as to the costs of the Wife's application for a stay. Additionally, the Second Respondent, Ms Mena Snr, was ordered to pay the Applicant Wife 20 per cent of the Applicant's costs of the final hearing on a party/party basis. The court also made orders in accordance with a document titled Terms of Settlement by Consent.