Aldam and Cesari (No. 3)
Case
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[2020] FamCA 849
•6 October 2020
Details
AGLC
Case
Decision Date
Aldam and Cesari (No. 3) [2020] FamCA 849
[2020] FamCA 849
6 October 2020
CaseChat Overview and Summary
In *Aldam and Cesari (No. 3)*, Justice Wilson of the Supreme Court of Victoria considered an application by Mr Cesari for a stay of proceedings. The nature of the underlying dispute between Mr Aldam and Mr Cesari is not detailed in the provided text, but the application concerned the costs associated with a prior stay application.
The primary legal issue before the Court was whether to grant Mr Cesari's application for a stay of proceedings related to the costs of the earlier stay application. The Court was required to determine the appropriate course of action regarding the costs of the stay application, including the timing for submissions and the method of determination.
Justice Wilson dismissed Mr Cesari's stay application. The Court ordered that if Mr Aldam intended to make a costs application, his written submissions were to be filed and served by 4pm on 13 October 2020, with Mr Cesari's responding submissions due by 4pm on 20 October 2020. The judgment on the question of costs for the stay application was to be determined on the papers.
The primary legal issue before the Court was whether to grant Mr Cesari's application for a stay of proceedings related to the costs of the earlier stay application. The Court was required to determine the appropriate course of action regarding the costs of the stay application, including the timing for submissions and the method of determination.
Justice Wilson dismissed Mr Cesari's stay application. The Court ordered that if Mr Aldam intended to make a costs application, his written submissions were to be filed and served by 4pm on 13 October 2020, with Mr Cesari's responding submissions due by 4pm on 20 October 2020. The judgment on the question of costs for the stay application was to be determined on the papers.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
Legal Concepts
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Costs
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Stay of Proceedings
Actions
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Most Recent Citation
Gin & Hing (No 9) [2024] FedCFamC1F 29
Cases Citing This Decision
2
Aldam and Cesari (No. 4)
[2020] FamCA 888
Gin & Hing (No 9)
[2024] FedCFamC1F 29
Cases Cited
8
Statutory Material Cited
1
Aldam and Cesari (No 2)
[2020] FamCA 732
Aldridge & Keaton (Stay Appeal)
[2009] FamCAFC 106
Jackson & Balen
[2009] FamCAFC 131