Yusuf & Yusuf (No. 2)

In *Yusuf & Yusuf (No. 2)*, Mr. Yusuf (the applicant husband) sought a stay of final property orders made on 12 March 2021, pending the determination of his appeal to the Full Court. Ms. Yusuf was the first respondent, and Mr. Noor was the second respondent.

The primary legal issue before Foster J was whether to grant the husband's application for a stay of the final property orders. This required the court to consider the applicable principles governing applications for stays pending appeal in family law proceedings.

Foster J reasoned that a stay should be granted on specific conditions. The court applied the principles relevant to stay applications, ultimately ordering that the final property orders of 12 March 2021 be stayed pending the determination of the husband's appeal. This stay was conditional upon the husband paying the sum of $50,000 to the wife within two months. Liberty to apply was granted regarding the enforcement of the primary orders should the husband fail to comply with the condition. Costs of the stay application were reserved pending the outcome of the appeal.