RIVALLI & RIVALLI

[2018] FamCA 64

FAMILY COURT OF AUSTRALIA

RIVALLI & RIVALLI [2018] FamCA 64

FAMILY LAW – APPLICATION FOR STAY – Where application for stay pending Appeal to Full Court – Final property orders – Consideration of applicable principles – Stay granted on terms.

Family Law Act 1975 (Cth)

Family Law Rules 2004 (Cth) r 22.11

Fauna Holding Pty Ltd & Ors & Mitchell [2000] FamCA 548
Jackson & Balen [2009] FamCAFC 131

Rivalli [2017] FamCA 984

APPLICANT: Mr Rivalli

RESPONDENT: Ms Rivalli

FILE NUMBER: PAC 3326 of 2014

DATE DELIVERED: 9 February 2018

PLACE DELIVERED: Parramatta

PLACE HEARD: Parramatta

JUDGMENT OF: Foster J

HEARING DATE: 24 January 2018

REPRESENTATION

APPLICANT – SELF-REPRESENTED LITIGANT: Mr Rivalli

COUNSEL FOR THE RESPONDENT: Mr Givney

SOLICITOR FOR THE RESPONDENT: Maclarens

Orders

1. That Orders 4, 5 and 6 made on 1 December 2017 be stayed pending further order or disposition of the husband’s Notice of Appeal filed 20 December 2017.

2. That the time for compliance by the husband with Order 1 made 1 December 2017 be extended to 4.00 pm 2 March 2018 and that thereafter the husband is restrained from approaching or entering upon the property at B Street, Suburb C.

3. That pending further order the wife have sole use (including the right to rent out) and occupation of the property at B Street, Suburb C as and from 4.00 pm 2 March 2018 and that thereafter the wife pay as they fall due and payable outgoings including property insurance and mortgage payments in respect to the property.

4. That in default of the husband’s compliance with order (2) above a Warrant for Possession pursuant to Rule 20.54 of the Family Law Rules 2004 issue in respect to the property at B Street, Suburb C forthwith so as to provide vacant possession of the property to the wife Ms Rivalli.

5. Liberty to apply to the Court in chambers for the Warrant for Possession to issue.

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

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

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 r 17.02 Family Law Rules 2004 (Cth).

FAMILY COURT OF AUSTRALIA AT PARRAMATTA

FILE NUMBER: PAC 3326  of 2014

Mr Rivalli

Applicant

And

Ms Rivalli

Respondent

REASONS FOR JUDGMENT

1. On 1 December 2017 final orders were made as to property adjustment between the then respondent husband and the applicant wife: Rivalli [2017] FamCA 984.

2. Those final property orders were as follows:

   (1)That the husband vacate the property situate at [B Street, Suburb C] by no later than 28 days from the date of these orders and that thereafter…