Malcher and Malcher (No 2)
Case
•
[2015] FamCA 298
•24 April 2015
Details
AGLC
Case
Decision Date
Malcher and Malcher (No 2) [2015] FamCA 298
[2015] FamCA 298
24 April 2015
CaseChat Overview and Summary
In *Malcher and Malcher (No 2)*, Johnston J of the Family Court of Australia considered an application by the father for a stay of orders made on 27 February 2015, pending the completion of his appeal against those orders. The specific nature of the dispute leading to the original orders is not detailed in the provided text, but the father sought to suspend their operation.
The central legal issue before the court was whether to grant a stay of the existing orders. This required the court to consider the conditions under which such a stay should be granted, particularly in the context of an ongoing appeal. The court also had to determine the consequences of any breach of existing court orders by the father.
Johnston J ordered that the orders of 27 February 2015 be stayed, but this stay was conditional upon the father complying with all current court orders. The court stipulated that if the father were found to be in breach of any of these existing orders, the stay would be immediately discharged. The court also reserved all costs associated with this application.
The central legal issue before the court was whether to grant a stay of the existing orders. This required the court to consider the conditions under which such a stay should be granted, particularly in the context of an ongoing appeal. The court also had to determine the consequences of any breach of existing court orders by the father.
Johnston J ordered that the orders of 27 February 2015 be stayed, but this stay was conditional upon the father complying with all current court orders. The court stipulated that if the father were found to be in breach of any of these existing orders, the stay would be immediately discharged. The court also reserved all costs associated with this application.
Details
Key Legal Topics
Areas of Law
-
Civil Procedure
-
Family Law
Legal Concepts
-
Appeal
-
Costs
-
Stay of Proceedings
Actions
Download as PDF
Download as Word Document
Cases Citing This Decision
0
Cases Cited
2
Statutory Material Cited
1
Vadisanis & Vadisanis
[2013] FamCAFC 90
Aldridge & Keaton (Stay Appeal)
[2009] FamCAFC 106