Sheldon & Weir (No. 4)

Case

[2010] FamCA 1214

21 December 2010


Details
AGLC Case Decision Date
Sheldon & Weir (No. 4) [2010] FamCA 1214 [2010] FamCA 1214 21 December 2010

CaseChat Overview and Summary

This matter came before Ryan J concerning an application by the father. The dispute involved orders relating to a child, R Sheldon, and the father's intention to appeal certain existing orders. The father sought a stay of various orders pending his appeal.

The primary legal issues before the court were whether to grant a stay of specific orders, including those concerning the child and financial matters, pending the father's appeal, and whether to impose conditions on that stay. The court also considered an application by the father filed on 17 December 2010.

Ryan J ordered that a number of specified orders be stayed until 11 January 2011, subject to the father complying with certain conditions. These conditions included depositing $300 cash with the mother's solicitors by 22 December 2010 towards the mother's living expenses, and filing and serving a Notice of Appeal and associated documents by 6 January 2011. The court also restrained the mother from removing the child from the Commonwealth of Australia before 12 January 2011 and requested the Australian Federal Police place the child on the PASS alert system until that date. The father's application filed on 17 December 2010 was adjourned for further hearing on 10 January 2011. The court stipulated that if the father failed to comply with the conditions for filing the appeal, the stay would be discharged.
Details

Areas of Law

  • Civil Procedure

  • Family Law

Legal Concepts

  • Stay of Proceedings

  • Appeal

  • Jurisdiction

  • Injunction

Actions
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Cases Citing This Decision

10

Lander and Bradbury [2019] FamCA 164
Lenard and Rogers [2012] FamCA 600
KELLETT & KELLETT [2012] FamCA 566