Yargis and Hope

Case

[2007] FamCA 1379

22 November 2007


Details
AGLC Case Decision Date
Yargis and Hope [2007] FamCA 1379 [2007] FamCA 1379 22 November 2007

CaseChat Overview and Summary

This matter concerned an application for a stay of certain orders made on 22 August 2007, pending the hearing of the father's appeal. The parties involved were the father and the mother, and the application was heard by Moore J.

The primary legal issue before the court was whether to grant a stay of specific orders concerning the children's time with their mother, pending the father's appeal. The court was also required to consider an application to dismiss a stay of other orders.

Moore J ordered a stay of orders 3(b) to (f) made on 22 August 2007, pending the father's appeal. However, order 3(a) was varied to specify that pending the appeal, the children would spend time with their mother each Saturday for four hours at agreed times, to be supervised at a contact service, with the costs of supervision to be borne by the mother. The application to dismiss a stay of orders 1 and 2 and 4 to 15 inclusive made on 22 August 2007 was dismissed.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Appeal

  • Stay of Proceedings

  • Costs

  • Jurisdiction

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Cases Citing This Decision

0

Cases Cited

2

Statutory Material Cited

1

Rochford v Dayes [1989] HCA 17