Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Winters v Fogarty (No 2) [2020] FCA 220 File numbers: VID 1288 of 2013 VID 323 of 2016
Judge: BROMBERG J
Date of judgment: 12 February 2020
Catchwords: PRACTICE AND PROCEDURE – application for stay of civil proceedings pending resolution of criminal proceedings – discussion of relevant principles – whether in the interests of justice for civil proceedings to be stayed – application granted
Cases cited: Commissioner of the Australian Federal Police v Zhao (2015) 255 CLR 46 Construction, Forestry, Mining and Energy Union v Australian Competition and Consumer Commission (2016) 242 FCR 153 McMahon v Gould (1982) 7 ACLR 202
Date of hearing: 12 February 2020
Registry: Victoria
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 15
Solicitor for the Applicant: Mr M Harmer of Harmers Workplace Lawyers
Solicitor for the Respondent: Sladen Legal
Counsel for the Respondent: Mr L Howard
ORDERS VID 1288 of 2013
VID 323 of 2016
BETWEEN: LEILA WINTERS Applicant
AND: BASIL MICHAEL FOGARTY Respondent
JUDGE: BROMBERG J DATE OF ORDER: 12 FEBRUARY 2020
THE COURT ORDERS THAT:
1. The Applicant's Interlocutory Applications filed in proceedings VID1288/2013 and VID323/2016 on 11 December 2019 be adjourned pending the outcome of the criminal proceedings against the First Respondent referred to in the affidavit of the First Respondent dated 10 February 2020 ("criminal proceedings"). 2. Subject to order 3, proceedings VID1288/2013 and VID323/2016 be stayed pending the outcome of the criminal proceedings. 3. The Respondent's Interlocutory Application filed 10 February 2020 be listed for hearing on 4 March 2020. 4. The parties notify the Court upon the conclusion of the criminal proceedings for the purpose of the relisting of these proceedings for a case management hearing. 5. Costs are reserved. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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