ATWOOD & ATWOOD (NO. 2 )

Case

[2017] FamCA 937

13 October 2017


Details
AGLC Case Decision Date
ATWOOD & ATWOOD (NO. 2 ) [2017] FamCA 937 [2017] FamCA 937 13 October 2017

CaseChat Overview and Summary

In *ATWOOD & ATWOOD (NO. 2)*, the Federal Circuit Court of Australia considered applications by the mother concerning orders previously made by the court. The dispute involved the operation of these orders, with the mother seeking to stay their effect.

The primary legal issue before the court was whether to grant the mother's applications for stays of operation of the court's orders made on 10 April 2017 and 26 July 2017. The court also had to consider the effect of a consent order regarding the operation of the order made on 26 July 2017.

Loughnan J ordered, by consent, that the operation of the order made on 26 July 2017 be stayed from 6:00 pm on the day of the hearing. However, the court dismissed the mother's applications seeking stays of the orders made on 10 April 2017 and 26 July 2017, save for the consent stay.
Details

Areas of Law

  • Civil Procedure

  • Family Law

Legal Concepts

  • Stay of Proceedings

  • Consent

  • Appeal

  • Costs

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Cases Citing This Decision

0

Cases Cited

1

Statutory Material Cited

1

Aldridge & Keaton (Stay Appeal) [2009] FamCAFC 106