Chranley and Smart (No. 4)

[2010] FamCA 683

FAMILY COURT OF AUSTRALIA

CHRANLEY & SMART (NO. 4) [2010] FamCA 683

FAMILY LAW – STAY – application for stay of orders pending an appeal to the Full Court – consideration of the strength of the appeal – best interests of the child – inappropriate in the circumstances to grant a stay of the orders – application dismissed

Family Law Act 1975 (Cth)

Aldridge & Keaton (Stay Appeal) [2009] FamCAFC 106
Carlin & Carlin (1977) FLC 90-320
D & D [1999] FamCA 2121
EJK & TSL (No. 4) [2006] FamCA 1022
Kelly & Kelly (1981) FLC 91-007
Molier & Van Wyck No. 2 (1981) FLC 91-001

APPLICANT: Mr Chranley

RESPONDENT: Ms Smart

INDEPENDENT CHILDREN’S LAWYER: Mr Hemsley

FILE NUMBER: ADC 207 of 2008

DATE DELIVERED: 4 August 2010

PLACE DELIVERED: Adelaide

PLACE HEARD: Adelaide

JUDGMENT OF: Dawe J

HEARING DATE: 4 August 2010

REPRESENTATION

COUNSEL FOR THE APPLICANT: In person

SOLICITOR FOR THE APPLICANT:

COUNSEL FOR THE RESPONDENT: In person

SOLICITOR FOR THE RESPONDENT:

COUNSEL FOR THE INDEPENDENT CHILDREN’S LAWYER Mr Hemsley

SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER Graeme D Hemsley

Orders

1. The father’s Application in a Case filed on 12 July 2010 is dismissed

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

FAMILY COURT OF AUSTRALIA AT ADELAIDE

FILE NUMBER:  ADC 207 of 2008

MR CHRANLEY

Applicant

And

MS SMART

Respondent

EX-TEMPORE REASONS FOR JUDGMENT

1. This is an application filed by the father on 12 July 2010 seeking what I have interpreted to be a stay of the orders that are the subject of the appeal. The application in a case filed by the father on 12 July 2010 says in the orders that he is seeking: 

   (1)      This matter be listed as urgent.

   (2)I seek that the orders of Justice Dawe, delivered on 28 May 2010, be set aside until the outcome on an appeal, SA 39 of 2010, filed in the appeals. 

2. At the same time as filing that application in a case, the father filed an affidavit.  That affidavit merely refers to “see attached annexure A”, and annexure A is another affidavit to a copy of which is annexed a letter addressed to Chief Justice, Post Office Box 9991, Melbourne, Victoria, 3001.  On the second page, it appears to be signed by Mr Chranley. The original letter was dated 15 April 2010. 

3. In that letter to the Chief Justice, the father refers to the contempt and contravention applications which he has filed in these proceedings and which remain outstanding but are listed for hearing before me next week.  I have taken into account the material in the affidavit of the father. 

4. This is an application for a stay of the orders that I made on 28 May 2010. 

5. The mother appears unrepresented and Mr Hemsley appears as the Independent Children’s Lawyer before me this morning. 

6. The orders that were made on 28 May 2010 were orders made…