Family Court: stay refused

Family Court: stay refused

If clients are upset at a result in court, sometimes they want to appeal, thinking that an appeal will immediately stay or freeze the outcome. This is not the case, as the court must separately make a stay order.

An example of this was in the recent Family Court case of Cameron and Walker. The mother sought to stay an order of Justice Waddy allowing the amount of time that the father spent with the child to move from supervised to unsupervised.

Justice Coleman dealt with the stay application. Ordinarily, one cannot go judge shopping- the judge who made the orders hears the stay application also – but in this case Justice Waddy had retired.

Justice Coleman, in refusing the stay, noted the usual factors:

  • the order appealed against was a parenting order, which is discretionary (therefore harder to succeed against on appeal)
  • granting a stay is discretionary
  • the mother did not delay in appealing- the appeal was genuine not just to get a stay
  • the limiting of change in circumstances in this case did not render the appeal nugatory [useless] without a stay being put in place
  • the child’s best interests are always the paramount concern
Things to Read, Watch & Listen

NSW Surrogacy FAIL: What Lawyers Got Wrong and How to Avoid It

Surrogacy journeys should be joyous and smooth pathways to parenthood, but unfortunately, legal missteps can turn them into complex, frustrating ordeals.

Jenny’s Bid for Reproductive Freedom

“Jenny” is a single woman living in Western Australia. Five years ago, she decided to do what many single women have done, and freeze her eggs for possible later use.

Monash IVF Mix-Up & Fertility Law Shake-Up in Queensland

In recent months, Queensland has seen two major incidents that have sent ripples through the assisted reproductive technology (ART) community, highlighting the delicate nature of fertility treatments and the urgent need for thoughtful regulation.

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