Macris & Galanis

Case

[2015] FCCA 2623

22 July 2015


Details
AGLC Case Decision Date
Macris and Galanis [2015] FCCA 2623 [2015] FCCA 2623 22 July 2015

CaseChat Overview and Summary

In the matter of *Macris & Galanis*, heard before Judge Scarlett, the dispute concerned interim property settlement orders and their stay pending an appeal. The father had lodged an appeal against orders made on 12 June 2015, and also sought a stay of an order made on 30 June 2015.

The court was required to determine whether to grant a stay of certain orders made in the Family Court proceedings, pending the final determination of the father's appeal. Specifically, the court considered the conditions under which such a stay should be granted, particularly in relation to interim property settlement payments.

Judge Scarlett ordered that orders 4, 5, 6, 7, and 8 made on 12 June 2015 be stayed pending the determination of the father's appeal. Furthermore, order (1) made on 30 June 2015 was also stayed, subject to the condition that the husband pay the wife the sum of $50,000.00 by way of interim property settlement within 42 days of the date of the orders. These stays were to remain in effect until further order of the court.
Details

Areas of Law

  • Civil Procedure

  • Family Law

Legal Concepts

  • Appeal

  • Stay of Proceedings

  • Remedies

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Cases Citing This Decision

4

RICE & RICE (No.2) [2019] FCCA 1877
GALANIS & MACRIS (No.3) [2015] FCCA 2744
Macris & Galanis [2015] FamCAFC 234
Cases Cited

2

Statutory Material Cited

2

Aldridge & Keaton (Stay Appeal) [2009] FamCAFC 106
B v M [2008] FamCAFC 27