Baker and Green and Kettle (No. 4)
Case
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[2007] FamCA 1654
•31 October 2007
Details
AGLC
Case
Decision Date
Baker and Green and Kettle (No. 4) [2007] FamCA 1654
[2007] FamCA 1654
31 October 2007
CaseChat Overview and Summary
The matter before O'Reilly J concerned applications by Mr Kettle, Ms Baker, and Ms Green. Mr Kettle sought the reinstatement of several appeals (NA2 and NA3 of 2007 and NA19 and NA20 of 2007) and a stay of orders made by Justice Bell on 24 November 2006, as well as consequential orders, pending the determination of those appeals. He also applied for a variation of paragraph 9 of orders previously made by Justice O'Reilly on 7 September 2007. Ms Baker and Ms Green applied for costs.
The court was required to determine whether Mr Kettle's applications for reinstatement of his appeals should be granted, whether he was entitled to a stay of Justice Bell's orders, and whether the previous orders of Justice O'Reilly should be varied. The court also had to consider the applications for costs made by Ms Baker and Ms Green.
O'Reilly J referred Mr Kettle's applications for reinstatement of the appeals to Justice May for a procedural hearing. However, the applications for a stay of Justice Bell's orders and for a variation of Justice O'Reilly's previous orders were dismissed. The applications for costs by Ms Baker and Ms Green were also dismissed. The court noted that Mr Kettle had already been notified that his reinstatement applications were listed for a procedural hearing before Justice May.
The court was required to determine whether Mr Kettle's applications for reinstatement of his appeals should be granted, whether he was entitled to a stay of Justice Bell's orders, and whether the previous orders of Justice O'Reilly should be varied. The court also had to consider the applications for costs made by Ms Baker and Ms Green.
O'Reilly J referred Mr Kettle's applications for reinstatement of the appeals to Justice May for a procedural hearing. However, the applications for a stay of Justice Bell's orders and for a variation of Justice O'Reilly's previous orders were dismissed. The applications for costs by Ms Baker and Ms Green were also dismissed. The court noted that Mr Kettle had already been notified that his reinstatement applications were listed for a procedural hearing before Justice May.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
Legal Concepts
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Appeal
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Costs
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Stay of Proceedings
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Remedies
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