FEDERAL CIRCUIT COURT OF AUSTRALIA
| GALANIS & MACRIS (No.3) | [2015] FCCA 2744 |
| Catchwords: FAMILY LAW – Stay – application for stay of earlier stay orders – principles considered – parenting proceedings – previous stay of parenting Orders discharged. |
| Legislation: Family Law Act 1975 (Cth), s.60CA |
| Cases cited: Aldridge & Keaton (Stay Appeal) [2009] FamCAFC 106 Galanis & Macris [2015] FCCA 2567 Galanis & Macris (No.2) [2015] FCCA 2729 Macris & Galanis [2015] FCCA 2623 |
| Applicant: | MS GALANIS |
| Respondent: | MR MACRIS |
| File Number: | WOC 576 of 2010 |
| Judgment of: | Judge Scarlett |
| Hearing date: | 17 August 2015 |
| Date of Last Submission: | 17 August 2015 |
| Delivered at: | Sydney |
| Delivered on: | 9 October 2015 |
REPRESENTATION
| Counsel for the Applicant: | Mr Gould |
| Solicitors for the Applicant: | Hansons Lawyers |
| Counsel for the Respondent: | Mr Millar |
| Solicitors for the Respondent: | Rita Thakur & Associates |
ORDERS
Order 1 made on 22 July staying the operation of Orders 4, 5, 6, 7 and 8 made on 12 June 2015 is discharged.
IT IS NOTED that publication of this judgment under the pseudonym Galanis & Macris (No.3) is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).
| FEDERAL CIRCUIT COURT OF AUSTRALIA AT SYDNEY |
WOC 576 of 2010
| MS GALANIS |
Applicant
And
| MR MACRIS |
Respondent
REASONS FOR JUDGMENT
Application in a Case
This is an Application for a stay of Orders made on 22nd July 2015 staying parenting Orders made on 12th June 2015[1] and property Orders made on 30th June 2015[2] pending an Appeal by the Respondent.
[1] Galanis & Macris [2015] FCCA 2567
[2] Galanis & Macris (No. 2) [2015] FCCA 2729
On 22nd July 2015 I made the following Orders:
(1)Orders 4, 5, 6, 7 and 8 made on 12 June 2015 are stayed pending the determination of the Appeal lodged by the father on 9 July 2015 in proceedings Number EA 108/2015; and
(2)Order (1) made on 30 June 2015 is stayed pending the determination of the said Appeal in proceedings EA 108/2015 on condition that the husband pay to the wife the sum of $50,000.00 by way of interim property settlement within 42 days of the date of these Orders.[3]
[3] Macris & Galanis [2015] FCCA 2623
On 23rd July 2015, the day after the above Orders were made, the Applicant lodged an Appeal seeking the following orders:
1. Appeal be allowed.
2. That the Stay Orders made 22 July 2015, in relation to the parenting proceedings, be set aside.
3. That Orders 4, 5, 6, 7 & 8 of the Orders made 12 June 2015 be reinstated.
4. That in the alternative that the proceedings be remitted for re-hearing to the Federal Circuit Court by a Judge other than Judge Scarlett.
5. That the Respondent pay the Applicant’s costs of the appeal.
Orders Sought
The orders sought in this Application are:
1. That this application be urgently listed.
2. That leave be granted to serve this Application on short notice.
3. That pending the…
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- AGLC
- Galanis and Macris (No.3) [2015] FCCA 2744
- Case
- [2015] FCCA 2744
- Decision Date
CaseChat Overview and Summary
The central legal issue before the Court was whether the stay previously imposed on the operation of certain orders should be lifted. This required the Court to assess the continued necessity or appropriateness of the stay in light of the circumstances at the time of the hearing.
Judge Scarlett reasoned that the purpose of the stay had been fulfilled or was no longer operative, leading to the conclusion that the stay should be discharged. The Court applied the principle that stays are typically temporary measures and should be lifted once their purpose is served or if they are no longer justified. Consequently, the Court ordered that the stay of operation of Orders 4, 5, 6, 7, and 8 made on 12 June 2015 was discharged.
Orders
Orders of the court
1.
Order 1 made on 22 July staying the operation of Orders 4, 5, 6, 7 and 8 made on 12 June 2015 is discharged.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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