Paterson & Hamdy (No 4)

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 1)

Paterson & Hamdy (No 4) [2023] FedCFamC1F 888

File number(s):

SYC 1229 of 2018

Judgment of:

ALDRIDGE J

Date of judgment:

16 October 2023

Catchwords:

 FAMILY LAW – PRACTICE AND PROCEDURE – Where the applicant seeks a stay of orders pending the appeal – Delay between Notice of Appeal and application for stay – Futility in staying some orders – Short time until hearing of appeal – Lack of evidence as to necessity of stay – Application dismissed – Costs reserved to appeal hearing

Cases cited:

Aldridge v Keaton (Stay Application) [2009] FamCAFC 106

Gronow v Gronow (1979) 144 CLR 513

House v the King (1936) 55 CLR 499

Norbis v Norbis (1986) 161 CLR 513

Division:

Division 1 First Instance

Number of paragraphs:

21

Date of hearing:

16 October 2023

Place:

Sydney

Counsel for the Applicant:

Mr Duc

Solicitor for the Applicant:

Coleman Greig Lawyers

Counsel for the Respondent:

Ms Conte-Mills

Solicitor for the Respondent:

Chidiac Legal

ORDERS

SYC 1229 of 2018

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)

BETWEEN:

MR PATERSON

Applicant

AND:

MS HAMDY

Respondent

ORDER MADE BY:	ALDRIDGE J
DATE OF ORDER:	16 OCTOBER 2023

THE COURT ORDERS THAT:

1.The Application in a Proceeding filed 4 October 2023 is dismissed.

2.The costs of the Application in a Proceeding are reserved to the hearing of the appeal.

Note:   The form of the order is subject to the entry in the Court’s records.

Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).

Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.

IT IS NOTED that publication of this judgment by this Court under a pseudonym has been approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

EX TEMPORE REASONS FOR JUDGMENT

ALDRIDGE J

1. On an Application in a Proceeding filed 4 October 2023, Mr Paterson seeks a stay of orders made by Brasch J on 31 July 2023 in proceedings between him and Ms Hamdy. The orders concern the parties two children; one born in 2005 and one in 2010. The orders provide for the children to live with the respondent who is to have sole parental responsibility for them. Orders were made for the children to have no contact with the applicant and a number of injunctions were made restraining the applicant from approaching the home, school and work of the respondent or the children until the youngest turned 18. Orders were made that permitted the respondent to travel overseas with the children.

2. A Notice of Appeal was filed…