Karllsson and Karllsson and Anor
Case
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[2015] FamCA 51
•6 February 2015
Details
AGLC
Case
Decision Date
Karllsson and Karllsson and Anor [2015] FamCA 51
[2015] FamCA 51
6 February 2015
CaseChat Overview and Summary
In the matter of *Karllsson and Karllsson and Anor*, Dawe J of the Family Court of Australia considered an application to amend an existing order and a related application to dismiss a notice of intervention. The primary dispute concerned the husband's interests in the [P] Trust and [N] Investments Pty Ltd, which were subject to an order made on 25 July 2014. Ms Karllsson Snr had filed a Notice of Intervention.
The court was required to determine whether to amend paragraph (1)(b) of the 25 July 2014 Order to specifically include the husband's interests in the [P] Trust and [N] Investments Pty Ltd. Additionally, the court had to consider the husband's Application in a Case filed on 26 August 2014 and Ms Karllsson Snr's Notice of Intervention filed on 12 September 2014. The court also had to decide whether to stay the existing orders pending the outcome of an application for leave to appeal and an appeal to the Full Court of the Family Court of Australia.
Dawe J ordered that paragraph (1)(b) of the 25 July 2014 Order be amended as sought. The court further ordered that the 25 July 2014 Orders be stayed pending the determination of the husband's application for leave to appeal and appeal by the Full Court. The husband's Application in a Case filed on 26 August 2014 was dismissed, as was the Notice of Intervention filed by Ms Karllsson Snr on 12 September 2014.
The court was required to determine whether to amend paragraph (1)(b) of the 25 July 2014 Order to specifically include the husband's interests in the [P] Trust and [N] Investments Pty Ltd. Additionally, the court had to consider the husband's Application in a Case filed on 26 August 2014 and Ms Karllsson Snr's Notice of Intervention filed on 12 September 2014. The court also had to decide whether to stay the existing orders pending the outcome of an application for leave to appeal and an appeal to the Full Court of the Family Court of Australia.
Dawe J ordered that paragraph (1)(b) of the 25 July 2014 Order be amended as sought. The court further ordered that the 25 July 2014 Orders be stayed pending the determination of the husband's application for leave to appeal and appeal by the Full Court. The husband's Application in a Case filed on 26 August 2014 was dismissed, as was the Notice of Intervention filed by Ms Karllsson Snr on 12 September 2014.
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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Appeal
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Stay of Proceedings
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Jurisdiction
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Remedies
Actions
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Most Recent Citation
Farnell & Farnell [2024] FedCFamC2F 222
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Cases Cited
3
Statutory Material Cited
2
Friscioni & Friscioni
[2009] FamCAFC 43
Aldridge & Keaton (Stay Appeal)
[2009] FamCAFC 106
Trahn & Long (No. 2)
[2008] FamCAFC 194