The applicant brought a motion under Rules 1(8) and 14(23) of the Family Law Rules to strike the respondent’s pleadings for failure to comply with interim support and school expense orders.
The respondent was in arrears but had a pending motion for leave to appeal the interim support order and intended to seek a stay.
The court found the respondent was in breach of the order and emphasized the seriousness of non‑compliance with court orders.
However, striking the pleadings would effectively render the pending leave to appeal meaningless.
In the exceptional circumstances created by the imminent leave to appeal and potential stay application, the motion to strike was adjourned pending determination of the appeal-related motions, and the request for a preservation of property order was dismissed.
