WALTERS & CARSON

In the matter of *Walters & Carson*, Benjamin J of the Family Court of Australia considered an application by the de facto husband for a stay of certain orders made on 18 May 2017, and a cross-application by the de facto wife for a stay of the order for the sale of a property located at A Street, Suburb L. The dispute concerned the enforcement and potential suspension of previous court orders.

The primary legal issues before the court were whether to grant a stay of the orders made on 18 May 2017, as sought by the de facto husband, and whether to grant a stay of the order requiring the sale of the property, as sought by the de facto wife pending her appeal. The court was required to assess the merits of each application for a stay, considering the relevant legal tests and principles governing such applications in family law proceedings.

Benjamin J dismissed the remainder of the de facto husband's application for a stay of the 18 May 2017 orders. However, the court granted the de facto wife's application for a stay of the order mandating the sale of the property, specifically suspending the requirement for the parties to list the property for sale in February 2018. This stay was granted pending the disposal of the de facto husband's appeal. The remainder of the de facto wife's application for a stay of other orders was also dismissed.