Joresko and Kimpton and Anor

Case

[2018] FamCA 320

2 May 2018


Details
AGLC Case Decision Date
Joresko and Kimpton and Anor [2018] FamCA 320 [2018] FamCA 320 2 May 2018

CaseChat Overview and Summary

In *Joresko v Kimpton and Anor*, the applicant sought interlocutory relief against the first and second respondents. The first respondent sought leave to make an oral application for a stay of proceedings, which the court was required to consider.

The primary legal issue before the court was whether to grant the first respondent leave to make an oral application for a stay of proceedings. If leave were granted, the court would then have to determine whether to grant the stay itself.

Johns J dismissed the first respondent's oral application for a stay of proceedings. The court noted that if either the first or second respondent failed to appear at the listed hearing on 14 May 2018, the final hearing of the applicant’s application for final orders could proceed in their absence.
Details

Areas of Law

  • Civil Procedure

Legal Concepts

  • Stay of Proceedings

  • Jurisdiction

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