SENIOR & ANDERSON (NO. 2)
Case
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[2012] FamCA 880
•23 October 2012
Details
AGLC
Case
Decision Date
SENIOR & ANDERSON (NO. 2)
[2012] FamCA 880
[2012] FamCA 880
23 October 2012
CaseChat Overview and Summary
In *Senior & Anderson (No. 2)*, Young J of the Supreme Court of New South Wales considered an application for a stay of previous orders made on 16 July 2012, pending the determination of a Full Court appeal. The application was brought by the appellant husband against the respondent wife.
The primary legal issue before the court was whether to grant a stay of the existing orders. This involved considering the grounds upon which a stay might be granted, particularly in the context of an appeal to a higher court. The court also had to determine the appropriate course of action regarding an amended form of orders sought by the appellant and an unrelated application filed by the appellant.
Young J ordered that the previous orders of 16 July 2012 be stayed pending the hearing and determination by the Full Court of the appellant husband's Notice of Appeal. The court further ordered that the appellant must, within fourteen days, make, file, and serve upon the respondent wife’s solicitors an amended form of orders sought, as required by section 10 Part F of the Notice of Appeal. The appellant husband’s Application in a Case filed on 3 September 2012 was otherwise dismissed, and there was no order as to the costs of the stay application.
The primary legal issue before the court was whether to grant a stay of the existing orders. This involved considering the grounds upon which a stay might be granted, particularly in the context of an appeal to a higher court. The court also had to determine the appropriate course of action regarding an amended form of orders sought by the appellant and an unrelated application filed by the appellant.
Young J ordered that the previous orders of 16 July 2012 be stayed pending the hearing and determination by the Full Court of the appellant husband's Notice of Appeal. The court further ordered that the appellant must, within fourteen days, make, file, and serve upon the respondent wife’s solicitors an amended form of orders sought, as required by section 10 Part F of the Notice of Appeal. The appellant husband’s Application in a Case filed on 3 September 2012 was otherwise dismissed, and there was no order as to the costs of the stay application.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
Legal Concepts
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Stay of Proceedings
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Appeal
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Costs
Actions
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Most Recent Citation
BAGALA & SACCO
[2013] FCCA 1330
Cases Citing This Decision
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[2020] FCCA 1381
Bagala and Sacco
[2013] FCCA 1330
Telfer and Strahan
[2013] FCCA 1780
Cases Cited
5
Statutory Material Cited
2
Friscioni & Friscioni
[2009] FamCAFC 43
Aldridge & Keaton (Stay Appeal)
[2009] FamCAFC 106
Sheldon & Weir
[2011] FamCA 2