Thompson v Kane [2013] FCA 862

Thompson v Kane [2013] FCA 862

Even assuming an arguable question of denial of procedural fairness or jurisdictional error arising from the June 2013 hearing, the urgent interlocutory injunction was not appropriate because the applicant had not taken available steps in the Federal Circuit Court or Family Court to set aside, discharge, vary, appeal from, or obtain a stay of the orders of 25 July 2013, and had instead simply failed to comply with them.

Jurisdiction
Australia
Judgment Date
26 August 2013
Procedural Posture
Urgent Interlocutory Application Seeking an Injunction in the Exercise of the Federal Court's Jurisdiction Under S 39 B(1) of the Judiciary Act 1903 (cth) / Interlocutory Application in Principal Proceeding
Outcome
The urgent interlocutory application was dismissed and costs were reserved to the determination of the principal application.
Legal Topics
['urgent Interlocutory Injunction' 'judicial Review' 'jurisdictional Error' 'procedural Fairness' 'family Law Appeal and Stay Procedures']
['practice and Procedure' 'federal Jurisdiction' 'family Law'] ['urgent Interlocutory Injunction' 'judicial Review' 'jurisdictional Error' 'procedural Fairness' 'family Law Appeal and Stay Procedures']

Case Brief

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Procedural Posture

Urgent Interlocutory Application Seeking an Injunction in the Exercise of the Federal Court's Jurisdiction Under S 39 B(1) of the Judiciary Act 1903 (cth) / Interlocutory Application in Principal Proceeding

Legal Issues

  1. 1 ['Whether the Federal Court should grant an urgent injunction preventing the court below from acting on orders subject to review until determination of the proceedings.' "Whether the applicant's contention about the June 2013 hearing gave rise to an arguable question of denial of procedural fairness or jurisdictional error." 'Whether relief should be granted where the applicant had not appealed, applied to set aside, discharge or vary the Federal Circuit Court orders, or sought a stay in the relevant courts.']

Ratio Decidendi

Even assuming an arguable question of denial of procedural fairness or jurisdictional error arising from the June 2013 hearing, the urgent interlocutory injunction was not appropriate because the applicant had not taken available steps in the Federal Circuit Court or Family Court to set aside, discharge, vary, appeal from, or obtain a stay of the orders of 25 July 2013, and had instead simply failed to comply with them.

Court Disposition

The urgent interlocutory application was dismissed and costs were reserved to the determination of the principal application.

Orders

  • ['The interlocutory application of the applicant in the principal proceeding is dismissed.' 'The costs of and incidental to the interlocutory application are reserved to the determination of the principal application.']