SYKES & SYKES

In the matter of *Sykes & Sykes*, Judge Scarlett of the Federal Circuit Court of Australia considered an application by the respondent husband for security for costs in relation to an initiating application filed by the applicant wife. The wife's application sought to enforce property orders made on 25 August 2010, which the husband had previously sought to set aside under section 79A of the *Family Law Act 1975* (Cth). Crucially, those prior set-aside proceedings had been dismissed, and the original property orders remained in force, with no stay having been granted.

The primary legal issues before the court were whether the husband had provided sufficient evidence to warrant an order for security for costs, and the implications of the prior unsuccessful application to set aside the property orders. The court also had to consider the existing property orders and how they should be enforced in light of the current proceedings.

Judge Scarlett dismissed the application for security for costs, finding that the husband had not presented sufficient evidence to justify such an order. The court then turned to the enforcement of the 2010 property orders. It ordered that funds held in trust be released to the applicant and respondent in accordance with the original orders, with a specific adjustment to the respondent husband's share to account for the value of certain shares. The substantive application filed by the wife on 1 July 2014 was adjourned for a final hearing to be allocated.