Thornton and Thornton (No 2)

Case

[2015] FamCA 301

24 April 2015


Details
AGLC Case Decision Date
Thornton and Thornton (No 2) [2015] FamCA 301 [2015] FamCA 301 24 April 2015

CaseChat Overview and Summary

In *Thornton and Thornton (No 2)*, Kent J of the Family Court of Australia considered an application by the Applicant Mother for a stay of final orders made by Justice Murphy on 23 February 2015, pending the hearing of her appeal by the Full Court. The dispute concerned the final orders themselves, the details of which are not specified in this extract, but the application for a stay indicates a significant disagreement with those orders.

The primary legal issue before Kent J was whether to grant a stay of the final orders. This required the court to assess the likelihood of the Applicant Mother's appeal being heard expeditiously and to consider the prospects of success on appeal, as indicated by the notation regarding the basis for granting the stay. The court also had to determine the appropriate costs orders for the application for the stay.

Kent J granted the stay of the final orders, subject to the Applicant Mother filing and serving an application for an expedited hearing within seven days. The stay was predicated on the reasonable prospect that the appeal could be heard during the Full Court sittings commencing on 3 August 2015. Costs of the application for the stay were reserved, meaning they would be determined at a later stage.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Appeal

  • Stay of Proceedings

  • Costs

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Most Recent Citation
THOMPSON & BANE [2018] FamCA 709

Cases Citing This Decision

1

THOMPSON & BANE [2018] FamCA 709
Cases Cited

7

Statutory Material Cited

0

Lorreck and Watts [2013] FCCA 39