Principles of stay applications in children’s matters: Family Court

Principles of stay applications in children’s matters: Family Court

The Full Court of the Family Court in Aldridge and Keaton has helpfully set out the principles of stay applications:

The authorities stress the discretionary nature of the application which should be determined on its merits. Principles relevant to this matter include the following:

  • the onus to establish a proper basis for the stay is on the applicant for the stay. However it is not necessary for the applicant to demonstrate any “special” or “exceptional” circumstances;
  • a person who has obtained a judgment is entitled to the benefit of that judgment;
  • a person who has obtained a judgment is entitled to presume the judgment is correct;
    the mere filing of an appeal is insufficient to grant a stay;
  • the bona fides of the applicant;
  • a stay may be granted on terms that are fair to all parties – this may involve a court weighing the balance of convenience and the competing rights of the parties;
  • a weighing of the risk that an appeal may be rendered nugatory if a stay is not granted – this will be a substantial factor in determining whether it will be appropriate to grant a stay;
  • some preliminary assessment of the strength of the proposed appeal – whether the appellant has an arguable case;
  • the desirability of limiting the frequency of any change in a child’s living arrangements;
  • the period of time in which the appeal can be heard and whether existing satisfactory arrangements may support the granting of the stay for a short period of time;
  • the best interests of the child the subject of the proceedings are a significant consideration.
Request an Appointment
Fill in the form below to find out if you have a claim.
Request an Appointment - Stephen Page
Things to Read, Watch & Listen

Hugh Jackman Won’t Sign a Pre-Nup — Here’s Why That Matters

Hugh Jackman’s reported decision not to sign a pre-nuptial agreement with Sutton Foster has generated plenty of media attention, and for good reason. When a person has substantial wealth, children from an earlier relationship, and is entering a new relationship later in life, the question of asset protection becomes more than celebrity gossip. It becomes… Read More »Hugh Jackman Won’t Sign a Pre-Nup — Here’s Why That Matters

Marching for Rainbow Families at Sydney Mardi Gras: A Gay Dad’s Story

Some events stay with a person long after the music fades, the costumes are packed away, and the sore feet finally recover. For Stephen Page, marching in the Sydney Gay and Lesbian Mardi Gras with his husband Mitchell and their daughter Elizabeth is one of those experiences. This was his fourth time marching, and by… Read More »Marching for Rainbow Families at Sydney Mardi Gras: A Gay Dad’s Story

Australian Donor Registries: What Are the Lessons Learnt? Stephen Page Presents at Canadian Fertility Law Conference

Stephen Page, Director at Page Provan Family & Fertility Lawyers and Australia’s leading surrogacy lawyer, was honoured to present at the Fertility Law: Current and Emerging Issues conference at Osgoode Hall Law School, York University, Toronto on 13 April 2026. As part of an international panel on DNA, databases and disclosure, Stephen joined Jo-an van… Read More »Australian Donor Registries: What Are the Lessons Learnt? Stephen Page Presents at Canadian Fertility Law Conference

Family Law Section Law Council of Australia Award
Member of Queensland law society
Family law Practitioners Association
International Academy of Family Lawyers - IAFL
Mediator Standards Board