FAMILY COURT OF AUSTRALIA
| JEEVES & JEEVES (NO. 2) | [2010] FamCA 284 |
| FAMILY LAW – PRACTICE AND PROCEDURE – STAY – Application for stay pending appeal against interlocutory order – Onus of proof on the applicant is higher in a stay application against an interlocutory appeal than an appeal against a final order |
| Evidence Act 1995 (Cth) Family Law Act 1975 (Cth) |
| APPLICANT: | Ms Jeeves |
| RESPONDENT: | Mr Jeeves |
| FILE NUMBER: | MLF | 10167 | of | 2000 |
| DATE DELIVERED: | 19 APRIL 2010 |
| PLACE DELIVERED: | Melbourne |
| PLACE HEARD: | Melbourne |
| JUDGMENT OF: | THE HONOURABLE JUSTICE CRONIN |
| HEARING DATE: | 16 APRIL 2010 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | MS MOLYNEUX QC WITH MR COMBES |
| SOLICITOR FOR THE APPLICANT: | J A MIDDLEMIS |
| COUNSEL FOR THE RESPONDENT: | MR SWEENEY |
| SOLICITOR FOR THE RESPONDENT: | TAUSSIG CHERRIE & ASSOCIATES |
Orders
That the application in a case filed on 16 April 2010 by the wife is dismissed.
That the wife file and serve her written submissions relating to the substantive hearing by 4.00pm on 3 May 2010.
That the husband file and serve his written submissions in relation to the substantive proceedings by 4.00pm on 17 May 2010.
That the wife file and serve any reply to the husband’s submissions by 4.00pm on 24 May 2010.
That the costs of both parties be the subject of written submissions to be filed and served by no later than 4.00pm on 24 May 2010.
IT IS NOTED that publication of this judgment under the pseudonym Jeeves & Jeeves is approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth)
| FAMILY COURT OF AUSTRALIA AT MELBOURNE |
FILE NUMBER: MLF 10167 of 2000
| MS JEEVES |
Applicant
And
| MR JEEVES |
Respondent
REASONS FOR JUDGMENT
The wife has appealed against two rulings that I made after the close of the parties’ cases about the admissibility of some bank documents produced under subpoena.
When the proceedings were adjourned on 22 March 2010, I made orders for the filing of written submissions relating to the trial that had taken many days over almost one year. I made allowance in the timetable for the filing of submissions about the substantive issues. The wife seeks a stay of those orders pending the determination of the appeal against the rulings.
The application in a case seeking the stay order was filed on Friday 16 April 2010 and I heard argument from each party through their counsel on that same day.
The applicant seeking…
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- Jeeves and Jeeves (No 2) [2010] FamCA 284
- Case
- [2010] FamCA 284
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CaseChat Overview and Summary
The court was required to determine the wife's application, the outcome of which is reflected in the orders made. The court also needed to establish a timetable for the parties to file and serve written submissions in preparation for the substantive hearing. Furthermore, the court addressed the issue of costs.
Justice Cronin dismissed the wife's application. The court then set out a detailed schedule for the filing and service of written submissions by both parties, culminating in a deadline for replies. The court also ordered that written submissions regarding the costs of both parties were to be filed and served by a specified date.
Orders
Orders of the court
1.
That the application in a case filed on 16 April 2010 by the wife is dismissed.
2.
That the wife file and serve her written submissions relating to the substantive hearing by 4.00pm on 3 May 2010.
3.
That the husband file and serve his written submissions in relation to the substantive proceedings by 4.00pm on 17 May 2010.
4.
That the wife file and serve any reply to the husband’s submissions by 4.00pm on 24 May 2010.
5.
That the costs of both parties be the subject of written submissions to be filed and served by no later than 4.00pm on 24 May 2010.
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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