Rankin and Rankin (No 2)

This matter came before Johns J concerning an application by the husband for a stay of certain orders made on 29 February 2016, pending the determination of his Notice of Appeal filed on 17 May 2016. The dispute involved the division of property and the payment of various sums, including school fees and child support arrears.

The primary legal issue before the court was whether to grant a stay of the operation of the earlier orders and, if so, on what terms. This involved considering the husband's financial position and the wife's entitlement to funds pending the appeal. The court also had to determine the disposition of the remaining funds and the conditions attached to any stay granted.

Johns J ordered a stay of the operation of the 29 February 2016 orders, with specific modifications to the payment schedule. The wife was to receive $110,500, with the remaining $59,500 held in trust by her lawyers. Further distributions were ordered, with 65% of the remaining balance to the wife and 30% to the husband, after deductions for school fees and child support arrears. The husband's appeal was to be prosecuted expeditiously, and failure to comply with this condition would allow the wife to seek the discharge of the stay. The court also authorised a Registrar to sign documents if a party failed to do so and addressed the issue of costs by requiring written submissions.