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

Paid sperm donation in Australia: is it legal?

Sperm donors in Australia cannot be paid a fee for their donation. They can, however, be reimbursed for reasonable out-of-pocket expenses. That distinction is the starting point for understanding what is lawful and what could amount to a criminal offence. Australian sperm donation must be altruistic. A donor can help someone have a child without… Read More »Paid sperm donation in Australia: is it legal?

Egg donation process: fertility lawyer explains

Egg donation involves more than agreeing to help someone have a child. Before treatment proceeds, the donor needs medical clearance, the IVF clinic requires consent forms, and counselling forms part of the preparation. Where the donor knows the intended parent or parents, there is also an important question: what has everyone agreed will happen with… Read More »Egg donation process: fertility lawyer explains

Egg donation in Australia: who can donate?

Egg donation can help another person or couple become parents. But donating eggs involves more than medical treatment. It also involves decisions about consent, identity, family connections and the interests of a child who may be born. The starting point is straightforward: an egg donor must be donating their own eggs, have medical clearance and… Read More »Egg donation in Australia: who can donate?

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