Sellers and Burns and Anor

In the matter of *Sellers and Burns and Anor*, Foster J considered an application for a stay of interim orders made in family law proceedings. The application concerned an interim order for spouse maintenance and an interim property order, both made on 14 November 2017. The husband sought to stay both of these orders pending the determination of his application for leave to appeal and his substantive appeal to the Full Court.

The primary legal issues before Foster J were whether to grant a stay of the interim spouse maintenance order and whether to grant a stay of the interim property order. The court was required to assess the merits of the husband's application for a stay in light of the relevant legal principles governing such applications in the context of family law appeals.

Foster J determined that a stay of the interim spouse maintenance order should be granted, but with a condition. The husband was ordered to pay $1,850.00 per week by way of interim spouse maintenance, commencing from 11 December 2017, pending the determination of his application for leave to appeal and appeal. However, the husband's application for a stay of the interim property order was dismissed. The costs of both parties in relation to the application for stay were reserved pending the outcome of the appeal proceedings.