STRADFORD & STRADFORD (No.2)

Case

[2018] FCCA 3961

12 December 2018


Details
AGLC Case Decision Date
Stradford and Stradford (No.2) [2018] FCCA 3961 [2018] FCCA 3961 12 December 2018

CaseChat Overview and Summary

In the matter of *Stradford & Stradford (No.2)*, the husband sought a stay of orders made by Judge Vasta on 6 December 2018, pending the outcome of his appeal against those orders. The dispute concerned the husband's liberty, as the orders of 6 December 2018 apparently led to his custody.

The primary legal issue before the court was whether to grant the husband's application for a stay of the previous orders. This involved considering the grounds for granting a stay pending appeal, particularly where the appellant's liberty was at stake.

Judge Vasta allowed the husband's oral application for a stay. The court ordered that Order 1 of the 6 December 2018 orders, and Declaration A of those orders, be stayed pending the outcome of the husband's appeal. Crucially, the court also ordered that the husband be forthwith released from custody pending the appeal or further order. The solicitors for the husband were permitted to convey a copy of this order immediately to the relevant correctional and police services.
Details

Areas of Law

  • Civil Procedure

Legal Concepts

  • Appeal

  • Stay of Proceedings

  • Jurisdiction

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