Partridge and Kennedy (No. 2)

Case

[2010] FamCA 1185

21 December 2010


Details
AGLC Case Decision Date
Partridge and Kennedy (No. 2) [2010] FamCA 1185 [2010] FamCA 1185 21 December 2010

CaseChat Overview and Summary

In *Partridge and Kennedy (No. 2)*, Ryan J of the Family Court of Australia considered an application by the mother for a stay of orders previously made on 8 November 2010. The father had also made an application for costs.

The primary legal issue before the court was whether the mother's application for a stay of the existing orders should be granted. This required the court to consider the grounds upon which a stay might be granted and the merits of the mother's case in seeking such a stay. Additionally, the court was required to determine the appropriate procedure for dealing with the father's costs application.

Ryan J dismissed the mother's application for a stay of the orders. The court then set out a timetable for the parties to file written submissions concerning the father's costs application, with the father to file first, followed by the mother's reply, and then the father's response to the mother's submissions.
Details

Areas of Law

  • Civil Procedure

  • Family Law

Legal Concepts

  • Stay of Proceedings

  • Costs

  • Appeal

Actions
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Cases Citing This Decision

0

Cases Cited

5

Statutory Material Cited

1

Friscioni & Friscioni [2009] FamCAFC 43