McMillan & McMillan (No 3)
Case
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[2016] FamCA 1141
•30 September 2016
Details
AGLC
Case
Decision Date
McMillan & McMillan (No 3) [2016] FamCA 1141
[2016] FamCA 1141
30 September 2016
CaseChat Overview and Summary
In *McMillan & McMillan (No 3)*, Forrest J of the Federal Circuit Court of Australia considered an application by the wife concerning an enforcement warrant and a related application filed by the wife. The dispute involved the enforcement of orders previously made in the proceedings.
The primary legal issue before the court was whether to grant a stay of the Enforcement Warrant filed by the wife on 16 June 2016. Additionally, the court was required to determine an application made by the wife on 19 September 2016, specifically paragraph 2 of the orders sought within that application.
The court's decision was made by consent of the parties. Consequently, Forrest J ordered that the Enforcement Warrant filed by the wife on 16 June 2016 be stayed until further order. Furthermore, paragraph 2 of the orders sought in the wife's application filed on 19 September 2016 was dismissed. The costs associated with the hearing of the wife's application were reserved to the judge who would ultimately hear and determine the substantive proceedings.
The primary legal issue before the court was whether to grant a stay of the Enforcement Warrant filed by the wife on 16 June 2016. Additionally, the court was required to determine an application made by the wife on 19 September 2016, specifically paragraph 2 of the orders sought within that application.
The court's decision was made by consent of the parties. Consequently, Forrest J ordered that the Enforcement Warrant filed by the wife on 16 June 2016 be stayed until further order. Furthermore, paragraph 2 of the orders sought in the wife's application filed on 19 September 2016 was dismissed. The costs associated with the hearing of the wife's application were reserved to the judge who would ultimately hear and determine the substantive proceedings.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
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Family Law
Legal Concepts
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Stay of Proceedings
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Costs
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Consent
Actions
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Most Recent Citation
MCMILLAN & MCMILLAN [2017] FamCA 773
Cases Cited
0
Statutory Material Cited
1