Fryer & Fryer (No. 6)
Case
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[2007] FamCA 1711
•19 January 2007
Details
AGLC
Case
Decision Date
Fryer & Fryer (No. 6) [2007] FamCA 1711
[2007] FamCA 1711
19 January 2007
CaseChat Overview and Summary
In the matter of *Fryer & Fryer (No. 6)*, Mushin J considered applications by the husband and wife concerning the execution of previous orders and the husband's appeal. The dispute primarily revolved around the disbursement of proceeds from the sale of a property and the stay of certain payments pending the outcome of the husband's appeal.
The court was required to determine whether to extend the time for the husband's compliance with a prior order, how the proceeds from the wife's property sale should be disbursed, and whether to grant a stay of a specific sum ordered to be paid by the husband pending his appeal. The court also had to consider the husband's application filed on 12 January 2007 and the wife's costs associated with these applications.
Mushin J ordered an extension of time for the husband's compliance with a previous order to 4:00 pm on 19 February 2007. The proceeds from the wife's property sale were to be disbursed with $250,000 held by her solicitors in an interest-bearing account, to be released by consent or court order, with the balance to the wife. Crucially, a portion of a previous order, specifically $37,000, was stayed until the disposal of the husband's appeal to the Full Court. The husband's application filed on 12 January 2007 was otherwise dismissed. The wife's costs for this application were fixed at $3000, with the question of payment reserved to the Full Court. The court certified that the matter reasonably required the attendance of counsel.
The court was required to determine whether to extend the time for the husband's compliance with a prior order, how the proceeds from the wife's property sale should be disbursed, and whether to grant a stay of a specific sum ordered to be paid by the husband pending his appeal. The court also had to consider the husband's application filed on 12 January 2007 and the wife's costs associated with these applications.
Mushin J ordered an extension of time for the husband's compliance with a previous order to 4:00 pm on 19 February 2007. The proceeds from the wife's property sale were to be disbursed with $250,000 held by her solicitors in an interest-bearing account, to be released by consent or court order, with the balance to the wife. Crucially, a portion of a previous order, specifically $37,000, was stayed until the disposal of the husband's appeal to the Full Court. The husband's application filed on 12 January 2007 was otherwise dismissed. The wife's costs for this application were fixed at $3000, with the question of payment reserved to the Full Court. The court certified that the matter reasonably required the attendance of counsel.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Stay of Proceedings
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Costs
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Appeal
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Jurisdiction
Actions
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Citations
Fryer & Fryer (No. 6) [2007] FamCA 1711
Cases Citing This Decision
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Statutory Material Cited
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