BABETT & FALCONER

[2015] FCCA 1813

FEDERAL CIRCUIT COURT OF AUSTRALIA

BABETT & FALCONER [2015] FCCA 1813

Catchwords:
FAMILY LAW – Stay – application for stay of property orders pending appeal – where appeal determined – where application now spent – where orders appealed against have been set aside – application of no force or effect.

Legislation:

Family Law Act 1975 (Cth)

Cases cited:
Babett & Falconer [2015] FAMCAFC 124

Applicant: MR BABETT

Respondent: MS FALCONER

File Number: SYC 6278 of 2011

Judgment of: Judge Scarlett

Hearing date: 3 March 2014

Date of Last Submission: 3 March 2014

Delivered at: Sydney

Delivered on: 30 June 2015

REPRESENTATION

Solicitor for the Applicant: Mr Todd

Solicitors for the Applicant: Watts McCray Lawyers

Respondent: In person

ORDERS

1. The Application in a Case filed on 3 March 2014 is dismissed.

IT IS NOTED that publication of this judgment under the pseudonym Babett & Falconer is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYC 6278 of 2011

MR BABETT

Applicant

And

MS FALCONER

Respondent

REASONS FOR JUDGMENT

Application in a Case

1. The Applicant filed an Application in a Case on 3 March 2014 seeking a stay of Orders of this Court made on 13 November 2013 pending his appeal to the Full Court of the Family Court filed on 10 December 2013.

2. The Application for a stay has not been decided.

The Appeal

1. The Appeal was heard on 3 February 2015 and a decision was handed down by the Full Court on 26 June 2015 (Babett & Falconer[1]). The Appeal was allowed and the Orders of this Court were set aside. The Full Court ordered that the wife’s applications for settlement of property and child support departure were to be remitted to the Federal Court to be heard by another Judge.

   [1] [2015] FamCAFC 124

The Application for a Stay

1. The Application in a Case filed on 3 March 2014 sought only the one Order, namely:

   1.  That Orders 13, 14, 15, 16 and 17 of the Orders of the Federal Circuit Court dated 13 November 2013 be stayed pending determination of the Appeal to the Full Court of the Family Court filed by the Applicant Husband on 10 December 2013.

2. The Appeal to the Full Court of the Family Court has been heard and determined. The Orders of this Court appealed against have been set aside.

3. Consequently, this Application is of no force or effect. The Application will therefore be dismissed.

I certify that the preceding six (6) paragraphs are a true copy of the reasons for judgment of Judge Scarlett

Associate: 

Date:  30 June 2015