FAMILY COURT OF AUSTRALIA
| VADISANIS & VADISANIS | [2013] FamCAFC 90 |
| FAMILY LAW – APPLICATION IN AN APPEAL – Application by the appellant for the expedition of the substantive appeal – The circumstances justify the expedition of the appeal – Application granted. FAMILY LAW – APPLICATION IN AN APPEAL – Application by the appellant to adduce further evidence – The further evidence will be allowed in the stay appeal only. FAMILY LAW – APPLICATION FOR LEAVE TO APPEAL – Application by the appellant for leave to appeal against an order refusing to grant a stay – The order dismissing the application for a stay was an “interlocutory decree” – Leave required – Leave granted on the basis that there is merit in the appeal and a refusal to grant leave would cause a substantial injustice. FAMILY LAW – APPEAL – Appeal against an order refusing to grant a stay – Where the appellant submits that the appeal would be rendered nugatory if the stay was not granted – The trial Judge erred in failing to accept that the wife had not abandoned her application to retain the home as part of her settlement – Appeal allowed. FAMILY LAW – RE-EXERCISE OF DISCRETION – The appeal would be rendered nugatory if the stay was not granted – The appeal cannot be said to be without merit and the appeal is bona fide – The appeal was filed promptly – The expedition of the appeal will lessen any prejudice – Stay granted. |
| Family Law Act 1975 (Cth), ss 93A(2) 94AA Family Law Regulations 1984, reg 15A Family Law Rules 2004, r 22.09 |
| Adam P Brown Male Fashions Pty Ltd v Philip Morris Inc. (1981) 148 CLR 170 Carr v Finance Corp of Australia Ltd (1981) 147 CLR 246 CDJ & VAJ (1998) 197 CLR 172 House v The King (1936) 55 CLR 499 Gronow v Gronow (1979) 144 CLR 513 Kowaliw & Kowaliw (1981) FLC 91-092 Malouf v Maloufand Ors (1999) 167 ALR 383 Norbis v Norbis (1986) 161 CLR 513 Rutherford and Rutherford (1991) FLC 92-255 Trahn & Long (No. 2) [2008] FamCAFC 194 Youssef & Youssef (unreported, Full Court of the Family Court of Australia, 10 October 1997) |
| APPELLANT: | Ms I Vadisanis |
| FIRST RESPONDENT: | Mr Vadisanis |
| SECOND RESPONDENT: | Ms J Vadisanis |
| FILE NUMBER: | SYC | 6377 | of | 2008 |
| APPEAL NUMBER: | EA | 20 | of | 2013 |
| EA | 59 | of | 2013 |
| DATE DELIVERED: | 7 June 2013 |
| PLACE DELIVERED: | Sydney |
| PLACE HEARD: | Sydney |
| JUDGMENT OF: | Thackray, Ryan and Johnston JJ |
| HEARING DATE: | 7 June 2013 |
| LOWER COURT JURISDICTION: | Family Court of Australia |
| LOWER COURT JUDGMENT DATE: | 19 April 2013 |
| LOWER COURT MNC: | [2013] FamCA 290 |
REPRESENTATION
| COUNSEL FOR THE APPELLANT: | Mr Givney |
| SOLICITOR FOR THE APPELLANT: | Campbell Paton & Taylor |
| COUNSEL FOR THE FIRST RESPONDENT: | Mr Dlakic |
| SOLICITOR FOR THE FIRST RESPONDENT: | Johnston Vaughan Solicitors and Attorneys |
| COUNSEL FOR THE SECOND RESPONDENT: | Mr Farmakidis |
| SOLICITOR FOR THE SECOND RESPONDENT: | JSM Lawyers |
Orders
The appellant’s application to adduce further evidence in this appeal be allowed.
The…
Continue reading Vadisanis & Vadisanis
Sign in free to access the full text
- AGLC
- Vadisanis & Vadisanis [2013] FamCAFC 90
- Case
- [2013] FamCAFC 90
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.