FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Jess & Jess (No 8) [2023] FedCFamC1F 395
File number MLF 3444 of 2006 Judgment of WILSON J Date of judgment 19 May 2023 Catchwords FAMILY LAW – interlocutory stay application – refused. Legislation Family Law Act 1975 s 121 Cases cited Aldridge & Keaton [2009] FamCAFC 106
Bienstein v Bienstein (2003) 30 Fam LR 488
Blakeley & Jaine (No 3) [2020] FamCAFC 781
Carr v Finance Corporation of Australia Ltd (1981) 147 CLR 246
Hearne v Street (2008) 235 CLR 125
Jackson & Balen [2009] FamCAFC 131
Keevers & Keevers (No 2) [2022] FedCFamC1F 163
Malloy & Stopford Malloy [2020] FamCAFC 270
Medlow v Medlow (2016) 54 Fam LR 389
Division Division 1 First Instance Number of paragraphs 16 Date of last submissions 16 May 2023 Date of hearing 16 May 2023 Place Melbourne Counsel for the applicant Mr G. Dickson KC with Ms R. Matson Solicitor for the applicant Kenna Teasdale Lawyers Counsel for the first respondent No appearance Solicitor for the first respondent No appearance Counsel for the represented third parties Mr I. G. Waller KC and Mr J. Mereine Solicitor for the represented third parties HWL Ebsworth Lawyers Counsel for the intervenors Ms N. Papaleo Solicitor for the intervenors Lander & Rogers ORDERS
MLF 3444 of 2006 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN MS JESS
Applicant
AND MR J AS LEGAL PERSONAL RESPRESENTATIVE OF MR JESS SNR (DECEASED)
First Respondent
MR JESS JNR AND OTHERS
Represented Third Parties
MR K AND MR L AS TRUSTEES OF THE BANKRUPT ESTATE OF MR JESS SNR
Intervenors
order made by
WILSON J
DATE OF ORDER
19 MAY 2023
THE COURT ORDERS THAT –
1.The represented third parties’ application to stay my orders made 27 April 2023 is dismissed.
2.I adjourn the further hearing of this proceeding to 10:00am on 3 November 2023 for mention in the Major Complex Financial Proceedings List or such earlier date by which the Full Court hears and determines the appeal from Jess & Jess (No 7).
Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
IT IS NOTED that publication of this judgment by this Court under the pseudonym Jess & Jess has been approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
REASONS FOR JUDGMENT
WILSON J
INTRODUCTION
By notice…
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- Jess & Jess (No 8) [2023] FedCFamC1F 395
- Case
- [2023] FedCFamC1F 395
- Decision Date
CaseChat Overview and Summary
The legal issues in this case were whether the represented third parties were entitled to a stay of the orders made by the court on 27 April 2023, pending the outcome of an appeal. The court considered the principles applicable to the grant of a stay of interlocutory orders and the arguments advanced by the represented third parties. The court held that a stay is not to be lightly granted and must be justified by an adverse and severe outcome if the proceedings were to continue. The court held that the represented third parties had not demonstrated that the appeal would be rendered nugatory unless the orders were stayed.
The court dismissed the represented third parties' application to stay the orders made on 27 April 2023. The court held that the represented third parties had not demonstrated that the appeal would be rendered nugatory unless the orders were stayed. The court held that even voluminous disclosure must be given so long as it is relevant, and that the represented third parties were entitled to explore remedies on appeal. The court adjourned the further hearing of this proceeding to 10:00am on 3 November 2023 for mention in the Major Complex Financial Proceedings List or such earlier date by which the Full Court hears and determines the appeal from Jess & Jess (No 7).
Orders
Orders of the court
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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
Established by: MR J
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