KENNEDY & MASUYO

Case

[2013] FamCA 36

17 January 2013


Details
AGLC Case Decision Date
KENNEDY & MASUYO [2013] FamCA 36 [2013] FamCA 36 17 January 2013

CaseChat Overview and Summary

In the matter of *Kennedy & Masuyo*, heard by Watts J, the dispute concerned an application by the husband for a stay of an order made on 3 July 2012. The wife consented to a modified order regarding the disposition of certain land.

The primary legal issue before the court was whether to grant the husband's application for a stay of the previous order. This involved considering the wife's consent to a revised order that placed certain restrictions on her ability to deal with the subject land.

Watts J dismissed the husband's application for a stay, noting the wife's consent to a specific order. This order stipulated that the wife would not transfer, encumber, or otherwise deal with the subject land, with the exception of entering into a lease for a period not exceeding six months. The wife was granted liberty to apply for an extension of this period if the husband's appeal was not heard and determined within that timeframe. Furthermore, the wife was granted liberty to apply for the discharge of this order if the husband failed to expeditiously prosecute his appeal.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Stay of Proceedings

  • Consent

  • Appeal

  • Procedural Fairness

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Cases Citing This Decision

0

Cases Cited

4

Statutory Material Cited

1

Jackson & Balen [2009] FamCAFC 131