Price and Underwood

[2008] FamCA 260

FAMILY COURT OF AUSTRALIA

PRICE & UNDERWOOD [2008] FamCA 260

FAMILY LAW – ORDERS - Stay

APPLICANT: Ms Price

RESPONDENT: Mr Underwood

FILE NUMBER: MLF 13425 of 2007

DATE DELIVERED: 16 April 2008

PLACE DELIVERED: Melbourne

PLACE HEARD: Melbourne

JUDGMENT OF: WATTS J

HEARING DATE: 16 April 2008

REPRESENTATION

COUNSEL FOR THE APPLICANT: Ms Mollymeux, QC

COUNSEL FOR THE RESPONDENT: Mr Brown, SC

Orders

1. Leave be granted to wife to make an oral application for a stay of orders made by me today. 

2. The Application for a Stay is dismissed.

IT IS NOTED that publication of this judgment under the pseudonym Price & Underwood is approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth)

FAMILY COURT OF AUSTRALIA AT MELBOURNE

FILE NUMBER: MLF 13425 of 2007

MS PRICE

Applicant

And

MR UNDERWOOD

Respondent

REASONS FOR JUDGMENT

1. In this matter the wife has made an oral application for a stay of various orders made by me today and particularly the divorce order that has been made absolute.  I am told and accept that a notice of appeal has been filed against these orders.

2. I heard this morning that the husband has expressed a wish to die as an unmarried man. 

3. Counsel for the wife has submitted that not granting this stay would render any appeal nugatory.  It is my view that is an incorrect proposition.  If the appeal is successful, the divorce order, that is now absolute, would be void ab initio and in those circumstances not granting a stay will not render the wife’s appeal  nugatory.

4. I refuse the application for a stay of the orders made by me today. 

I certify that the preceding four (4) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Watt

Associate: 

Date:  17.4.2008