Nineth and Nineth (No 3)

This matter came before Murphy J of the Family Court of Australia concerning an application for a stay. The specific parties and the precise nature of the underlying dispute are not detailed, but the proceedings involved an Applicant, a Respondent, and an Intervenor, as well as an Independent Children's Lawyer, the mother, and the maternal grandmother.

The court was required to determine the terms of an adjournment for a further hearing of the application for a stay, and to make orders regarding the filing and service of documents in the interim. The court also needed to consider the effect of these interim orders on the usual rules of filing and service, and to address the eventual formal filing of documents.

Murphy J ordered that the further hearing of the application for stay be adjourned to a specific date and time. The court further ordered that existing orders made on 17 December 2010 be stayed until a specified date. To facilitate the further hearing, the court made specific directions for the filing of documents by email, and for the service of unsealed copies of these documents, along with previous orders, upon the Independent Children's Lawyer, the mother, and the maternal grandmother. Personal service of all required documents was also ordered to be effected on the Respondent and Intervenor by a specified date, with attempts to be made at particular addresses. The usual rules for filing and service were dispensed with for the purpose of the further hearing, but it was ordered that documents be formally filed in accordance with the Rules after the hearing, with the date of filing to be taken from the sealed copy. The Applicant was directed to pay any applicable filing fees.