Thornton and WorkCover Corporation of South Australia (No 2)
Case
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[2009] FamCA 814
•13 August 2009
Details
AGLC
Case
Decision Date
Thornton and WorkCover Corporation of South Australia (No 2) [2009] FamCA 814
[2009] FamCA 814
13 August 2009
CaseChat Overview and Summary
In the matter of *Thornton and WorkCover Corporation of South Australia (No 2)*, Justice Dawe of the Supreme Court of South Australia considered an application by the applicant father for a stay of certain orders made on 27 May 2009. The dispute concerned the potential use by the respondent, WorkCover Corporation of South Australia, of documents and information originating from previous Family Court proceedings between the applicant father and Ms H, in other jurisdictions.
The primary legal issue before the Court was whether to grant a stay of the earlier orders, specifically to prevent WorkCover from presenting evidence derived from the Family Court proceedings in any other jurisdiction concerning the applicant father. This was contingent on an appeal commenced by the applicant father in the Full Court of the Family Court of Australia.
Justice Dawe ordered that the previous orders be stayed only to the extent that WorkCover Corporation of South Australia was prohibited from presenting as evidence in any other jurisdiction, in proceedings concerning the applicant father, any document or information arising from the previous Family Court proceedings between the applicant father and Ms H, pending the decision of the Full Court of the Family Court of Australia in Appeal No SA52/2009. The application for a stay was otherwise dismissed, with liberty granted to WorkCover to apply for further orders regarding the stay, provided seven days' notice was given to the applicant father.
The primary legal issue before the Court was whether to grant a stay of the earlier orders, specifically to prevent WorkCover from presenting evidence derived from the Family Court proceedings in any other jurisdiction concerning the applicant father. This was contingent on an appeal commenced by the applicant father in the Full Court of the Family Court of Australia.
Justice Dawe ordered that the previous orders be stayed only to the extent that WorkCover Corporation of South Australia was prohibited from presenting as evidence in any other jurisdiction, in proceedings concerning the applicant father, any document or information arising from the previous Family Court proceedings between the applicant father and Ms H, pending the decision of the Full Court of the Family Court of Australia in Appeal No SA52/2009. The application for a stay was otherwise dismissed, with liberty granted to WorkCover to apply for further orders regarding the stay, provided seven days' notice was given to the applicant father.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
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Employment Law
Legal Concepts
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Stay of Proceedings
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Appeal
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Jurisdiction
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Procedural Fairness
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