Strahan and Strahan

[2018] FamCA 84

FAMILY COURT OF AUSTRALIA

STRAHAN & STRAHAN [2018] FamCA 84

FAMILY LAW – ORDERS – Stay – where wife seeks stay of appeal against property and spousal maintenance orders – where a basis is said to be that the husband may dispose of assets if orders are implemented during appeal – stay refused.

Family Law Act 1975 (Cth)

Aldridge and Keaton (stay appeal) [2009] FamCAFC 106
House v The King (1936) 55 CLR 499
Mareva Compania Naviera SA v International Bulk Carriers SA (1980) 1 All ER 213
Strahan and Strahan [2017] FamCA 76
Strahan and Strahan (No. 3) [2017] FamCA 948
Strahan and Strahan (No. 4) [2017] FamCA 949

APPLICANT: Ms Strahan

RESPONDENT: Mr Strahan

FILE NUMBER: ADF 228 of 2005

DATE DELIVERED: 22 February 2018

PLACE DELIVERED: Melbourne

PLACE HEARD: Melbourne

JUDGMENT OF: Cronin J

HEARING DATE: 15 February 2018

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Livesey QC

SOLICITOR FOR THE APPLICANT: Charlton Rowley

COUNSEL FOR THE RESPONDENT: Mr Wilson

SOLICITOR FOR THE RESPONDENT: Kennedy Partners

Orders

1. That the application in a case filed on 31 January 2018 for a stay of the orders made on 23 November 2017 is refused

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 Strahan & Strahan 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 MELBOURNE

FILE NUMBER: ADF 228  of 2005

Ms Strahan

Applicant

And

Mr Strahan

Respondent

REASONS FOR JUDGMENT

1. By an application in a case supported by an affidavit, Ms Strahan (“the wife”) seeks a stay of orders made in her absence on 23 November 2017 pending an appeal to the Full Court of this court. 

2. By a response to the application of the wife and filed on 15 February 2018, Mr Strahan (“the husband”) seeks a dismissal of her application and costs.  He supports his application with an affidavit filed the same day as his response.

3. The appeal by the wife arises from two orders.  The first was made on 13 November 2017 in which I dismissed the wife’s application for an adjournment of what was then anticipated to be the final hearing and I gave leave to the husband to proceed on an undefended basis.  The judgment and orders now under appeal can be found at Strahan and Strahan (No. 3) [2017] FamCA 948.

4. On 23 November 2017, I made orders on the husband’s application and delivered reasons for judgment (see Strahan and Strahan (No. 4) [2017] FamCA 949).

5. The appeal of the wife against the refusal of the…