Daniels and Findlay (No 2)

Case

[2010] FamCA 688

6 AUGUST 2010


Details
AGLC Case Decision Date
Daniels and Findlay (No 2) [2010] FamCA 688 [2010] FamCA 688 6 AUGUST 2010

CaseChat Overview and Summary

In the matter of *Daniels and Findlay (No 2)*, Dessau J of the Family Court of Australia considered applications by both the husband and the wife. The wife sought leave to withdraw her contempt application, while the husband sought to vary certain final orders made on 9 March 2010. The wife also sought a stay of those final orders.

The court was required to determine whether to grant the wife leave to withdraw her contempt application and whether to grant a stay of the final orders. Additionally, the court had to consider the husband's application filed on 8 July 2010 and the wife's stay application filed on 4 August 2010, in light of an anticipated application by the wife for leave to appeal out of time.

Dessau J granted the wife leave to withdraw her contempt application and vacated the associated hearing date. A stay was imposed on the final orders of 9 March 2010, with an exception allowing the wife to be compelled to sign documents and perform acts necessary to obtain Security Reference Numbers for shares referred to in paragraph 5 of those orders, provided her solicitors made a written request via email, and she complied within seven days. The husband's application and the wife's stay application were adjourned for a telephone mention pending the determination of the wife's application for leave to appeal out of time. The husband's costs for the day were reserved.
Details

Areas of Law

  • Civil Procedure

  • Family Law

Legal Concepts

  • Stay of Proceedings

  • Costs

  • Appeal

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