Childs and Childs (No 3)
Case
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[2009] FamCA 885
•26 August 2009
Details
AGLC
Case
Decision Date
Childs and Childs (No 3) [2009] FamCA 885
[2009] FamCA 885
26 August 2009
CaseChat Overview and Summary
In *Childs and Childs (No 3)*, Coleman J considered an application by Mr Childs for a stay of orders made on 22 May 2009, pending his appeal. The wife sought the dismissal of this stay application.
The central legal issue before the court was whether to grant a stay of the earlier orders, and consequently, the wife's application to dismiss that stay. The court also had to determine the appropriate course for any appeal against the refusal of the stay application.
Coleman J ordered that the application for a stay be stood over generally, contingent on Mr Childs diligently and expeditiously prosecuting his primary appeal. Liberty was reserved to the wife to apply for dismissal of the stay application on 72 hours' notice. Any appeal against the refusal of the stay application was to be listed on 8 September 2009 and consolidated with the primary appeal. Costs were further reserved.
The central legal issue before the court was whether to grant a stay of the earlier orders, and consequently, the wife's application to dismiss that stay. The court also had to determine the appropriate course for any appeal against the refusal of the stay application.
Coleman J ordered that the application for a stay be stood over generally, contingent on Mr Childs diligently and expeditiously prosecuting his primary appeal. Liberty was reserved to the wife to apply for dismissal of the stay application on 72 hours' notice. Any appeal against the refusal of the stay application was to be listed on 8 September 2009 and consolidated with the primary appeal. Costs were further reserved.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
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Family Law
Legal Concepts
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Appeal
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Costs
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Stay of Proceedings
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