Strahan & Strahan (No. 3)

In *Strahan & Strahan (No. 3)*, Strickland J of the Family Court of Australia considered applications made by the wife concerning the progression of proceedings and interim parenting orders. The wife sought a stay of all proceedings pending an appeal against the dismissal of an application for the disqualification of the judge, and an adjournment of interim parenting and financial matters due to insufficient funds.

The court was required to determine whether a stay of proceedings was warranted, considering whether a successful appeal would be rendered nugatory if a stay was denied, the bona fides of the wife's application, and any prejudice or hardship she might suffer. Additionally, the court had to decide whether to grant an adjournment of the interim parenting and financial issues, particularly in light of the husband not being advised of the wife's financial difficulties until the day before the hearing.

Strickland J dismissed the wife's application for a stay of proceedings, finding no special circumstances justifying such an order and that a successful appeal would not be rendered nugatory. The court granted an adjournment for mention of the wife's applications seeking financial orders and certain parenting issues, acknowledging her lack of funds. However, the adjournment was not granted with respect to interim parenting issues, and the court made specific interim orders for the child to spend time with the husband, outlining conditions for collection, return, and the involvement of a therapist or carer if necessary. The court also ordered that handovers be conducted only between the parties and adjourned other applications for mention.