Dmitrieff and Shaw and Ors (No. 2)
Case
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[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.
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
Key Legal Topics
Areas of Law
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Civil Procedure
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Family Law
Legal Concepts
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Stay of Proceedings
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Costs
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Appeal
Actions
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Most Recent Citation
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Statutory Material Cited
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