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.
Things to Read, Watch & Listen

Embracing Wellness in Your Daily Routine for Fertility

American guest author Ashley Taylor has written an interest article about having a holistic approach to maintaining your health and addressing fertility issues: In the journey toward maintaining your health and addressing fertility issues, embracing a holistic approach is key. Wellness is more than just a goal; it’s a sustainable lifestyle that intertwines various aspects… Read More »Embracing Wellness in Your Daily Routine for Fertility

Consultation open: Queensland Assisted reproductive technology industry

The Regulation of Assisted Reproductive Technology Services Consultation Paper is now available and open for feedback until 25 February 2024. This follows the Minister for Health, Mental Health and Ambulance Services and Minister for Women’s commitment to regulate the assisted reproductive technology (ART) industry in Queensland by 2024. The paper is designed to help inform considerations for regulating… Read More »Consultation open: Queensland Assisted reproductive technology industry

Honouring Excellence in the Legal Profession: Queensland Law Society President’s Medal

The Queensland Law Society (QLS) President’s Medal holds significant prestige within the legal profession as it recognises exceptional solicitors who have made remarkable contributions to their field and the community. Last year, the Director of Page Provan, Stephen Page, was bestowed with this esteemed award, which is carefully judged on service to the community, legal… Read More »Honouring Excellence in the Legal Profession: Queensland Law Society President’s Medal

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