Newett & Newett (No. 6)

In the matter of *Newett & Newett (No. 6)*, Baumann J of the Family Court of Australia considered applications made by the mother (first respondent) and the father (applicant) concerning property orders, children's matters, and procedural issues. The primary dispute involved the mother's attempt to set aside or vary final property orders made on 20 May 2021, and her pending appeal against those orders.

The court was required to determine several legal issues, including whether to grant a stay of the final property orders pending the outcome of the mother's appeal, whether to adjourn the mother's application for relief under section 79A of the *Family Law Act 1975* (Cth) until after the appeal was determined, and whether to dismiss various other applications. These applications included the mother's requests to discharge the Independent Children's Lawyer, to restrain the father's solicitor from further representation, for a legal costs payment, and to vary interim children's orders. The court also considered an application for telephone time to occur at a contact centre.

Baumann J reasoned that the mother's application to set aside or vary the final property orders under section 79A should be adjourned to await the determination of her appeal against those orders. A partial stay was granted in relation to the net proceeds from the sale of the former family home, requiring these funds to be held in trust pending the appeal's outcome. The court dismissed the mother's applications to discharge the Independent Children's Lawyer, to restrain the father's solicitor, and for a legal costs payment. The application for telephone time at a contact centre was also dismissed. Other applications made by the mother were dismissed, with costs reserved to the trial.