Fontana and Fontana (No 2)
Case
•
[2017] FamCA 615
•17 August 2017
Details
AGLC
Case
Decision Date
Fontana and Fontana (No 2) [2017] FamCA 615
[2017] FamCA 615
17 August 2017
CaseChat Overview and Summary
The case of *Fontana and Fontana (No 2)* concerned an appeal and cross-appeal before Foster J of the Family Court of Australia. The dispute arose from an earlier order made on 19 May 2017, the details of which are not specified in the provided text, but which was the subject of the current proceedings.
The primary legal issue before the court was whether the earlier order of 19 May 2017 should be stayed pending the determination of the present appeal and cross-appeal, or until the parties reached an alternative agreement. A further issue was the requirement for the wife to prosecute her cross-appeal with due diligence.
Foster J ordered that the order of 19 May 2017 be stayed pending the determination of the appeal and cross-appeal, or otherwise agreement between the parties. The court also directed that the wife prosecute her cross-appeal to the Full Court of the Family Court of Australia (No EA 67 of 2017) with all due diligence.
The primary legal issue before the court was whether the earlier order of 19 May 2017 should be stayed pending the determination of the present appeal and cross-appeal, or until the parties reached an alternative agreement. A further issue was the requirement for the wife to prosecute her cross-appeal with due diligence.
Foster J ordered that the order of 19 May 2017 be stayed pending the determination of the appeal and cross-appeal, or otherwise agreement between the parties. The court also directed that the wife prosecute her cross-appeal to the Full Court of the Family Court of Australia (No EA 67 of 2017) with all due diligence.
Details
Key Legal Topics
Areas of Law
-
Family Law
-
Civil Procedure
Legal Concepts
-
Appeal
-
Stay of Proceedings
-
Procedural Fairness
Actions
Download as PDF
Download as Word Document
Cases Citing This Decision
0
Cases Cited
8
Statutory Material Cited
1
Fontana & Fontana
[2017] FamCA 374
Fauna Holding Pty Ltd & Ors & Mitchell
[2000] FamCA 548
Jackson & Balen
[2009] FamCAFC 131