Meredith and Allen (No. 2)

Case

[2014] FamCA 629

7 August 2014


Details
AGLC Case Decision Date
Meredith and Allen (No. 2) [2014] FamCA 629 [2014] FamCA 629 7 August 2014

CaseChat Overview and Summary

In *Meredith and Allen (No. 2)*, Watts J considered an application by the husband for a stay of property settlement orders made on 6 June 2014, pending his appeal to the Full Court. The wife sought to enforce these orders. The husband also sought a stay of an order for adult child maintenance.

The primary legal issue before the court was whether to grant a stay of the property settlement orders. A secondary issue was whether to grant a stay of the adult child maintenance order.

Watts J granted a stay of the property settlement orders, subject to several conditions designed to protect the wife's interests. These conditions included the husband prosecuting his appeal expeditiously, continuing to meet all mortgage repayments and other outgoings associated with the Suburb S property, providing written evidence of compliance monthly, and paying all arrears and ongoing obligations in relation to adult child maintenance. The court noted that the Registrar was requested to consider expedition of the husband's appeal, which was listed for a procedural event on 19 August 2014. The application for a stay of the adult child maintenance order was dismissed.
Details

Areas of Law

  • Civil Procedure

  • Family Law

Legal Concepts

  • Appeal

  • Stay of Proceedings

  • Costs

Actions
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Cases Citing This Decision

0

Cases Cited

4

Statutory Material Cited

1

Jackson & Balen [2009] FamCAFC 131