Cousins and Peake (No 2)

Case

[2018] FamCA 729

29 August 2018


Details
AGLC Case Decision Date
Cousins and Peake (No 2) [2018] FamCA 729 [2018] FamCA 729 29 August 2018

CaseChat Overview and Summary

In the matter of *Cousins and Peake (No 2)*, Bennett J of the Family Court of Australia considered an application by the mother for a stay of orders previously made by the Court on 31 July 2018. The specific nature of the dispute between the parties, beyond the mother's application for a stay, is not detailed in the provided text.

The central legal issue before Bennett J was whether to grant the mother's application for a stay of the existing orders. This required the Court to consider the grounds upon which a stay might be granted and the merits of the mother's case in seeking such relief.

Ultimately, Bennett J determined that it was appropriate to recuse himself from further dealing with the matter. Consequently, the Judge referred the application for the stay of orders to the Case Management Judge, with the direction that it be fixed before another Judge. The formal orders reflect this decision, indicating that the mother's application for a stay will be heard by a different judicial officer.
Details

Areas of Law

  • Civil Procedure

  • Family Law

Legal Concepts

  • Stay of Proceedings

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Cases Citing This Decision

1

Peake and Cousins (No. 2) [2018] FamCA 1056
Cases Cited

1

Statutory Material Cited

0

Cousins and Peake [2018] FamCA 671