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.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Appeal

  • Costs

  • Stay of Proceedings

  • Jurisdiction

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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