Khalil and Tahir-Ahmadi (No 2)
Case
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[2011] FamCA 542
•7 July 2011
Details
AGLC
Case
Decision Date
Khalil and Tahir-Ahmadi (No 2) [2011] FamCA 542
[2011] FamCA 542
7 July 2011
CaseChat Overview and Summary
In *Khalil and Tahir-Ahmadi (No 2)*, Dawe J of the Federal Circuit and Family Court of Australia considered applications made orally by counsel immediately following the delivery of judgment and orders. The applications concerned a stay of those orders and an extension of time to appeal.
The court was required to determine whether to grant a stay of the orders that had just been made, and whether to grant an extension of time within which to seek leave to appeal.
Dawe J refused the application for a stay, finding that counsel had not satisfied the court that a stay was necessary. The submissions made by counsel related to new issues that had arisen after judgment was reserved, but the court was not persuaded that these warranted a stay of the immediate orders. Similarly, the application for an extension of time to appeal was dismissed, with the court deeming it inappropriate to grant such an extension.
The court was required to determine whether to grant a stay of the orders that had just been made, and whether to grant an extension of time within which to seek leave to appeal.
Dawe J refused the application for a stay, finding that counsel had not satisfied the court that a stay was necessary. The submissions made by counsel related to new issues that had arisen after judgment was reserved, but the court was not persuaded that these warranted a stay of the immediate orders. Similarly, the application for an extension of time to appeal was dismissed, with the court deeming it inappropriate to grant such an extension.
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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Stay of Proceedings
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Appeal
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Jurisdiction
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Procedural Fairness
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