Velten and Velten (No 2)

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FAMILY COURT OF AUSTRALIA

VELTEN & VELTEN (NO 2) [2020] FamCA 542
FAMILY LAW – STAY APPLICATION PENDING APPEAL – respondent in the proceeding seeking to stay operation of interlocutory orders requiring him to pay the applicant the sum of $200,000 – respondent arguing 4 grounds of appeal – relevant legal criteria for grant of a stay considered – none of the criteria met – stay application unmeritorious – application for stay dismissed – costs ordered.
Family Law Act 1975 (Cth), ss 74, 79, 114, 117(2A)
Aldridge & Keaton [2009] FamCAFC 106
Coulton & Holcombe (1986) 162 CLR 1
Jackson & Balen [2009] FamCAFC 131
Jennings Construction Ltd v Burgundy Royale Investments Pty Ltd (1986) 161 CLR 681
Kyriakos v Kyriakos (2013) 48 Fam LR 618
Velten & Velten [2020] FamCA 384
Wei & Wei(No 4) [2020] FamCA 160
APPLICANT: Ms Velten
RESPONDENT: Mr Velten
FILE NUMBER: MLC 7244 of 2019
DATE DELIVERED: 26 June 2020
PLACE DELIVERED: Melbourne
PLACE HEARD: Melbourne
JUDGMENT OF: The Honourable Justice Wilson
HEARING DATE: 26 June 2020

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr T. Puckey
SOLICITOR FOR THE APPLICANT: Taussig Cherrie Fildes
COUNSEL FOR THE RESPONDENT: Mr D. Matta
SOLICITOR FOR THE RESPONDENT: KCL Law

Orders

  1. The respondent’s application for a stay of my orders made on 22 May 2020 is dismissed.

  2. The respondent’s application in a case filed 23 June 2020 is dismissed

  3. On or before 27 July 2020 the respondent pay to the applicant costs in the sum of $2,210.

Note: The form of the order is subject to the entry of the order in the Court’s records.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Velten & Velten has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).

FAMILY COURT OF AUSTRALIA AT MELBOURNE

FILE NUMBER: MLC 7244 of 2019

Ms Velten

Applicant

And

Mr Velten

Respondent

REASONS FOR JUDGMENT

(Ex tempore)

Introduction  

  1. By application in a case dated 23 June 2020, the respondent in this litigation has sought orders staying the operation of my orders made on 22 May 2020.  The respondent has filed a notice of appeal against my orders.  He says that unless a stay of the operation of those orders is granted his appeal will be rendered nugatory. 

Synopsis

  1. For the reasons that now follow, in my judgment –

    a)his application for a stay is refused; and

    b)I dismiss his application in a case.

  2. I shall hear the parties on the question of costs. 

A short factual recital 

  1. The factual setting of this litigation has been carefully narrated by me in the reasons against which the respondent appeals.  They appear in Velten & Velten

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Details
Case
[2020] FamCA 542
Decision Date

CaseChat Overview and Summary

The matter of *Velten and Velten (No 2)* concerned applications brought by the respondent in proceedings before Justice Wilson. The specific nature of the underlying dispute between the parties is not detailed in the provided text, but the applications themselves related to seeking a stay of previous orders and a further application filed in June 2020.

The primary legal issues before the court were whether the respondent was entitled to a stay of the orders previously made by Justice Wilson on 22 May 2020, and the merits of a separate application filed by the respondent on 23 June 2020. The court was required to determine the validity and enforceability of the existing orders and to consider the grounds upon which the respondent sought further relief.

Justice Wilson dismissed both of the respondent's applications. The court ordered that the respondent pay the applicant's costs in the sum of $2,210, with this payment to be made on or before 27 July 2020. The final form of these orders was subject to their formal entry in the Court's records.

Orders

Orders of the court

1.

The respondent’s application for a stay of my orders made on 22 May 2020 is dismissed.

2.

The respondent’s application in a case filed 23 June 2020 is dismissed

3.

On or before 27 July 2020 the respondent pay to the applicant costs in the sum of $2,210.

Note: The form of the order is subject to the entry of the order in the Court’s records.

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.