Wei and Gong

Case

[2016] FamCA 1003

20 October 2016


Details
AGLC Case Decision Date
Wei and Gong [2016] FamCA 1003 [2016] FamCA 1003 20 October 2016

CaseChat Overview and Summary

In the matter of *Wei and Gong*, heard before Loughnan J, the applicant wife sought a stay of certain orders made by the Court on 30 September 2016, pending her proposed appeal. The dispute concerned arrangements for the parties' children and the husband's application filed on 14 October 2016.

The primary legal issue before the Court was whether to grant the wife's application for a stay of the 30 September 2016 orders. This required the Court to consider the merits of the wife's proposed appeal and the potential prejudice to the parties and the children if the stay was not granted. The Court also had to determine the husband's application filed on 14 October 2016.

Loughnan J ordered that orders 3 and 4 of the 30 September 2016 orders be stayed pending the determination of the wife's appeal. Furthermore, the husband was to spend time with the children pursuant to the orders made on 20 April 2016, pending the appeal determination. The husband's application of 14 October 2016 was dismissed, and no orders were made as to costs.
Details

Areas of Law

  • Civil Procedure

  • Family Law

Legal Concepts

  • Appeal

  • Stay of Proceedings

  • Costs

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Cases Citing This Decision

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Cases Cited

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Statutory Material Cited

1

Aldridge & Keaton (Stay Appeal) [2009] FamCAFC 106