SCVG & KLD

The applicant, SCVG, sought a stay of proceedings from Cronin J in the Federal Circuit Court. The application was made in the context of an existing stay order that was limited to the enforcement of a costs payment. SCVG sought to vary this existing order to encompass potential changes in legislation and the outcome of other civil proceedings he had initiated, including actions against two judges of the court for allegedly exceeding their powers.

The court was required to determine the extent of its power under rule 22.11 of the Family Law Rules 2004 (Cth) to vary the existing stay order. Specifically, the court had to consider whether this rule permitted an extension of the stay to cover anticipated legislative changes and the potential outcomes of SCVG's separate civil proceedings in the High Court. The legal issues also involved assessing the merit of SCVG's arguments regarding the power to sue judges and the relevance of section 32 of the Judiciary Act 1903 (Cth) to his application.

Cronin J dismissed the application, finding no merit in SCVG's arguments. The court reasoned that rule 22.11 was limited to practice and procedure pending a Full Court determination and did not grant power to speculate on future legislative changes or the outcomes of other proceedings. Applying established legal principles, the court held that it could only act upon the law as it currently stood and could not grant adjournments or stays based on anticipated amendments to legislation. Furthermore, the court found that SCVG's reliance on the High Court decision in *Gallo v Dawson* was misplaced, as that case did not support his proposition regarding actions against judges for exceeding their powers in the manner he contended.

The application filed by the applicant on or about 8 September 2016 was dismissed. Any application for costs arising from this order was to be made by written submission by 4 pm on 30 September 2016, with any response due by 4 pm on 14 October 2016, and such applications were to be determined in chambers.