SCVG and KLD (No 3)
Case
•
[2015] FamCA 858
•15 October 2015
Details
AGLC
Case
Decision Date
SCVG and KLD (No 3) [2015] FamCA 858
[2015] FamCA 858
15 October 2015
CaseChat Overview and Summary
In the matter of SCVG and KLD (No 3), Cronin J of the Family Court of Australia considered an oral application for recusal made by Mr SCVG. The dispute involved ongoing proceedings and appeals concerning orders made on 20 August 2015, and a separate appeal against orders made by Judge Scarlett in the Federal Circuit Court.
The primary legal issues before the court were whether Mr SCVG's application for recusal should be granted, and the appropriate directions regarding the ongoing appeals and associated costs. The court was also required to determine the disposition of a further application filed by Mr SCVG on 28 September 2015.
Cronin J refused the oral application for recusal. The court ordered a stay on the payment of costs previously determined pending the final determination of the Full Court of the Family Court of Australia concerning an appeal filed on 15 September 2015. The applicant and respondent were directed to complete other outstanding requirements from the 20 August 2015 orders. Furthermore, subject to any contrary order from a judge of the Full Court, the appeal against the 20 August 2015 order was to be consolidated with the applicant's appeal against Judge Scarlett's orders. The court also directed that these orders be brought to the attention of relevant registry personnel, and otherwise dismissed the application filed by the applicant on 28 September 2015.
The primary legal issues before the court were whether Mr SCVG's application for recusal should be granted, and the appropriate directions regarding the ongoing appeals and associated costs. The court was also required to determine the disposition of a further application filed by Mr SCVG on 28 September 2015.
Cronin J refused the oral application for recusal. The court ordered a stay on the payment of costs previously determined pending the final determination of the Full Court of the Family Court of Australia concerning an appeal filed on 15 September 2015. The applicant and respondent were directed to complete other outstanding requirements from the 20 August 2015 orders. Furthermore, subject to any contrary order from a judge of the Full Court, the appeal against the 20 August 2015 order was to be consolidated with the applicant's appeal against Judge Scarlett's orders. The court also directed that these orders be brought to the attention of relevant registry personnel, and otherwise dismissed the application filed by the applicant on 28 September 2015.
Details
Key Legal Topics
Areas of Law
-
Family Law
-
Civil Procedure
Legal Concepts
-
Appeal
-
Costs
-
Stay of Proceedings
-
Jurisdiction
Actions
Download as PDF
Download as Word Document
Citations
SCVG and KLD (No 3) [2015] FamCA 858
Cases Citing This Decision
0
Cases Cited
8
Statutory Material Cited
1
Aldridge and Keaton (Costs)
[2010] FamCAFC 78
Pantzer v Wenkart
[2007] FCAFC 27
Johnson v Johnson
[2000] HCA 48