STRAHAN & STRAHAN (STAY AND VARIOUS INTERIM ORDERS)

In the matter of *Strahan & Strahan*, Dawe J considered applications relating to a stay of proceedings, interim parenting orders, the appointment of experts, costs, and injunctions. The primary dispute involved parenting arrangements for the child, S, and financial matters between the parties.

The court was required to determine whether it possessed the jurisdiction to grant a stay of orders pending an application for special leave to appeal to the High Court of Australia, following the dismissal of an appeal by the Full Court. Additionally, the court had to consider the best interests of the child, S, in relation to time spent with the father, including whether such time should be supervised and by whom. The appropriateness of appointing new family consultants and experts was also in question, as was the wife's application for a substantial sum towards her legal costs and the husband's proposed draft orders restraining him from dealing with assets.

Regarding the stay of proceedings, Dawe J held that the court had the inherent jurisdiction to grant a stay, but found that exceptional circumstances were not established to warrant a stay pending an application for special leave to the High Court. In relation to parenting, the court made interim orders for S to spend time with the father, to be supervised by his speech pathologists, and also ordered telephone contact. The court declined to appoint a new family consultant simply because a report did not favour the wife, but did order updated reports from an existing family consultant and a new expert concerning S's future needs. On costs, the court found the wife's claim for future costs to be unjustifiable and ordered the husband to pay $825,000 towards her legal costs. Finally, the court considered the husband's proposed injunctions over his assets to be appropriate and just and equitable.