Massel and Hope
Case
•
[2018] FamCA 877
•17 October 2018
Details
AGLC
Case
Decision Date
Massel and Hope [2018] FamCA 877
[2018] FamCA 877
17 October 2018
CaseChat Overview and Summary
In *Massel and Hope*, heard before Forrest J, the proceedings concerned a dispute between a husband and wife. The wife had filed an application seeking certain orders on 28 September 2018. The husband sought a stay of the Australian proceedings pending the outcome of parallel proceedings in the United States of America.
The central legal issue before the court was whether the Australian proceedings should be stayed in favour of the proceedings already on foot in the United States. The court was also required to determine the fate of the wife's applications filed on 28 September 2018.
Forrest J ordered that the Australian proceedings be stayed pending the outcome of the proceedings in the United States. Consequently, the wife's applications filed on 28 September 2018 were dismissed. The matter was then adjourned for further hearing before a Registrar on a date to be fixed.
The central legal issue before the court was whether the Australian proceedings should be stayed in favour of the proceedings already on foot in the United States. The court was also required to determine the fate of the wife's applications filed on 28 September 2018.
Forrest J ordered that the Australian proceedings be stayed pending the outcome of the proceedings in the United States. Consequently, the wife's applications filed on 28 September 2018 were dismissed. The matter was then adjourned for further hearing before a Registrar on a date to be fixed.
Details
Key Legal Topics
Areas of Law
-
Civil Procedure
-
Family Law
Legal Concepts
-
Stay of Proceedings
-
Jurisdiction
-
Procedural Fairness
Actions
Download as PDF
Download as Word Document
Citations
Massel and Hope [2018] FamCA 877
Cases Citing This Decision
0
Cases Cited
6
Statutory Material Cited
1
Voth v Manildra Flour Mills Pty Ltd
[1990] HCA 55
Commonwealth Trading Bank v Inglis
[1974] HCA 17
Henry v Henry
[1996] HCA 51