Appeal from: Kovac & Hurst

The applicant mother, Ms Kovac, sought an order for the expedition of her appeal against final parenting orders made in the Family Court of Australia, which concerned the respondent father, Mr Hurst's, time with the parties' children. The final orders had been stayed pending the outcome of the appeal, with a condition that the mother prosecute her appeal expeditiously.

The central legal issue before Ryan J was whether the appeal should be expedited, given the circumstances of the case. This involved considering the nature of the dispute, which raised significant child welfare and abuse issues, and the fact that the existing orders allowing the father unsupervised time with the children were currently stayed.

Ryan J reasoned that the matters going to the welfare of the children and their ability to spend time with their father, as determined by the primary judge and currently stayed, tipped the balance in favour of expedition. The court found that these factors justified giving the appeal priority over other matters.

Consequently, Ryan J ordered that the appeal be expedited and that the solicitor for the respondent file a Notice of Address for Service within seven days. The costs of the application were to be costs in the appeal.