Dmitrieff and Shaw and Ors (No. 2)

Case

[2008] FamCA 992

19 November 2008


Details
AGLC Case Decision Date
Dmitrieff and Shaw and Ors (No. 2) [2008] FamCA 992 [2008] FamCA 992 19 November 2008

CaseChat Overview and Summary

In the matter of *Dmitrieff and Shaw and Ors (No. 2)*, Justice Boland of the Family Court of Australia considered an application by the wife concerning previous orders made on 15 October 2008. The wife sought to stay certain of those orders, specifically those numbered 1, 2, 3(ii), 4, and 5.

The primary legal issue before the court was whether to grant the wife's application for a stay of the previously made orders. This required the court to assess the merits of the wife's request for a temporary suspension of the operation of those orders pending further proceedings.

Justice Boland dismissed the wife's application for a stay of the orders of 15 October 2008. However, the relief sought in another part of the wife's application was stood over for a future hearing before Justice Fowler. The costs associated with this application were reserved, to be determined after the conclusion of the wife's application for leave to appeal.
Details

Areas of Law

  • Civil Procedure

  • Family Law

Legal Concepts

  • Stay of Proceedings

  • Costs

  • Appeal

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Cases Citing This Decision

3

Fraser and Newton [2016] FCCA 946
Jackson & Balen [2009] FamCAFC 131
Balen and Jackson (No.2) [2009] FMCAfam 555
Cases Cited

5

Statutory Material Cited

2