Bond v Beaman

[2014] FCA 803

FEDERAL COURT OF AUSTRALIA

Bond v Beaman [2014] FCA 803

Citation:	Bond v Beaman [2014] FCA 803
Parties:	CRAIG DAVID BOND v DIANNE ELIZABETH BEAMAN and CHRISTOPHER MICHAEL WILLIAMSON AND DAVID ASHLEY NORMAN HURT
File number:	WAD 93 of 2014
Judge:	BARKER J
Date of judgment:	3 June 2014
Catchwords:	PRACTICE AND PROCEDURE – application for stay of orders of Family Court of Western Australia pending hearing and determination of appeal before Full Court of Federal Court of Australia
Legislation:	Bankruptcy Act 1966 (Cth) s 208; Div 2 of Part X Federal Court of Australia Act 1976 (Cth) s 25(2BB)
Cases cited:	Beaman v Bond [2014] FCWA 27 Philip Morris (Australia) Ltd v Nixon [1999] FCA 1281
Date of hearing:	3 June 2014
Place:	Perth
Division:	GENERAL DIVISION
Category:	Catchwords
Number of paragraphs:	16
Counsel for the Applicant:	Mr L Christensen
Solicitor for the Applicant:	Gadens
Counsel for the First Respondent:	Mr P Hannan
Solicitor for the First Respondent:	Carr & Co
Counsel for the Second Respondent:	Mr A Mason
Solicitor for the Second Respondent:	Roe Legal Services

IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY
GENERAL DIVISION	WAD 93 of 2014

BETWEEN:

CRAIG DAVID BOND
Applicant

AND:

DIANNE ELIZABETH BEAMAN
First Respondent

CHRISTOPHER MICHAEL WILLIAMSON AND DAVID ASHLEY NORMAN HURT
Second Respondent

JUDGE:	BARKER J
DATE OF ORDER:	3 JUNE 2014
WHERE MADE:	PERTH

THE COURT ORDERS THAT:

1.The interlocutory application of the applicant filed on 28 May 2014 be dismissed.

2.The applicant pay the first respondent’s costs of the interlocutory application, such costs to be taxed forthwith if not agreed.

Note:Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY
GENERAL DIVISION	WAD 93 of 2014

BETWEEN:

CRAIG DAVID BOND
Applicant

AND:

DIANNE ELIZABETH BEAMAN
First Respondent

CHRISTOPHER MICHAEL WILLIAMSON AND DAVID ASHLEY NORMAN HURT
Second Respondent

JUDGE:	BARKER J
DATE:	3 JUNE 2014
PLACE:	PERTH

REASONS FOR JUDGMENT

1. On 3 June 2014, I refused an application by Mr Bond to stay certain orders of the Family Court of Western Australia pending the hearing of an appeal against those orders in this Court, and gave ex tempore reasons for doing so.  These are an edited version of those reasons.

2. Mr Bond seeks two orders. The first, that order 1 of the Family Court of Western Australia, made 4 April 2014, which provided that, pursuant to s 208 of the Bankruptcy Act 1966 (Cth), his property be released from control under Div 2 of Pt X of the Bankruptcy Act, be stayed until a decision is given in the appeal pending in this Court.  The second, that order 1 of the Family Court of Western Australia, made 30 April 2014, be stayed until a decision is given in the appeal to this Court.

3. I should say, for the record that I earlier ruled or effectively ruled in the course of argument on a submission made by counsel for Ms Beaman