XAVIER & LOVETT

In this matter before Justice Thornton, the husband sought a stay of existing property settlement orders and a variation of those orders. The wife sought costs.

The primary legal issues before the court were whether the husband's application for a stay of property settlement orders should be granted, whether the existing orders should be varied, and whether a costs order should be made in favour of the wife.

Justice Thornton dismissed the husband's application for a stay. However, by consent, the court varied the previous orders to extend the time for the husband to pay $100,000 to the wife by 20 June 2014. In the event of non-payment, the court ordered the sale of the parties' property at G Street, Suburb H, by auction, with the proceeds to be applied first to sale costs, then to discharge the mortgage, then to pay the wife the $100,000 plus interest, and finally, any balance to be held in trust pending further order, save for the release of funds to pay capital gains tax. The husband was also ordered to pay the wife's party-party costs.