FEDERAL CIRCUIT COURT OF AUSTRALIA
| SESHAN & SADASIVAM (No.2) | [2019] FCCA 825 |
| Catchwords: FAMILY LAW – Application for stay of operation of orders permitting child to travel with mother to India – relevant considerations – whether appeal would be rendered nugatory – whether proposed grounds of appeal are of merit – application refused. |
| Legislation: Family Law Act 1975 (Cth), ss.64B, 65N Family Law Rules 2004 (Cth), r.22.11 |
| Cases cited: Aldridge & Keaton (Stay Appeal) [2009] FamCAFC 106 Baghti & Baghti (No.3) (2013) FamCAFC 201 Clement & Clement (1981) FLC 91-013 Friscioni & Friscioni [2009] FamCAFC 43 K & B (2006) FLC 93-288 Kuebler & Kuebler (1978) FLC 90-434 Line & Line (1997) 21 Fam LR 2059 Seshan & Sadasivam [2019] FCCA 742 Thomason & Malhotra [2010] FamCAFC 85 |
| Applicant: | MS SESHAN |
| Respondent: | MR SADASIVAM |
| File Number: | MLC 6494 of 2017 |
| Judgment of: | Judge A. Kelly |
| Hearing date: | 29 March 2019 |
| Date of Last Submission: | 29 March 2019 |
| Orders pronounced: | 29 March 2019 |
| Delivered at: | Melbourne |
| Delivered on: | 2 April 2019 |
REPRESENTATION
| The Applicant: | In person |
| Solicitor advocate for the Respondent: | Mr Freeman |
| Solicitors for the Respondent: | Resolve Conflict Family Lawyers |
ORDERS
The application in a case filed on 28 March 2019 be refused.
IT IS NOTED that publication of this judgment under the pseudonym Seshan & Sadasivam (No.2) is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).
| FEDERAL CIRCUIT COURT OF AUSTRALIA AT MELBOURNE |
MLC 6494 of 2017
| MS SESHAN |
Applicant
And
| MR SADASIVAM |
Respondent
REASONS FOR JUDGMENT
Introduction
On 18 March 2019, orders were made permitting the applicant mother to travel to India for a period of some three weeks in … 2019. The respondent father has filed a notice of appeal from those orders. Reasons for my decision permitting such travel were given ex tempore and revised on 26 March 2019: [2019] FCCA 792. These reasons explain my decision to refuse the respondent’s application for a stay of those orders and should be read together with those ex tempore reasons.
By application in a case filed on 28 March 2019, the respondent seeks an order pursuant to r 22.11 of the Family Law Rules 2004 (Cth) staying the operation of the orders made on 18 March 2019. The application was supported by an affidavit sworn by the respondent father on that date. By his affidavit, the respondent father deposed to the circumstances in which he sought a stay of the orders. In substance, the respondent father deposed to the circumstances upon which he relied to contend that the applicant mother is a flight risk. He also deposes to his having not complied with the order that he supply the applicant mother with the child’s passport which, as I was told in submissions, he has instead retained at a bank in Suburb B.
It is well settled that a stay will neither be lightly granted nor granted as a matter of course. The Full Court has stressed…
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- AGLC
- Seshan and Sadasivam (No.2) [2019] FCCA 825
- Case
- [2019] FCCA 825
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether to grant the application filed by the parties.
Judge A. Kelly refused the application. No further reasoning or legal principles applied in reaching this decision are available from the provided text.
Orders
Orders of the court
1.
The application in a case filed on 28 March 2019 be refused.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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