Morse & Duarte (No 6)

Morse & Duarte (No 6) involved an application for a stay of final property orders by Ms Duarte, the wife, against Mr Morse, the husband. The final hearing had proceeded on an undefended basis, with neither Ms Duarte nor the second respondent, Mr Tolman, appearing or filing any material. Ms Duarte did not seek an adjournment or file an affidavit, and final property orders were made requiring her to vacate the property within 14 days. Ms Duarte argued that the appeal would be rendered nugatory if a stay were not granted, but the court found that the proposed grounds of appeal lacked merit. Additionally, the court was not satisfied about the bona fides of the application.

The court dismissed the application for a stay and ordered Ms Duarte to pay Mr Morse’s costs on a party/party basis. The Federal Circuit and Family Court of Australia found that Ms Duarte's application for a stay of the final property orders was without merit, and the lack of material filed or appearance at the final hearing further undermined the application's credibility. The court emphasised that the proposed grounds of appeal were not compelling and did not provide sufficient grounds to justify a stay. The court's decision highlights the importance of appearing at hearings and filing necessary material, particularly in family law proceedings where property and custody issues are at stake.

The orders made by Harper J on 2 February 2024 were clear and final. Ms Duarte was required to vacate the property within 14 days of the orders, and she was also ordered to pay Mr Morse’s costs amounting to $1500 plus GST within 28 days of the date of the orders. The form of the order was subject to minor corrections in the court’s records, and any variations to the order could be made pursuant to the relevant rules of the Federal Circuit and Family Court of Australia. This case serves as a reminder to parties in family law proceedings of the importance of following procedural requirements and the consequences of failing to do so.