Bain and Bain (deceased)

In the matter of *Bain and Bain (deceased)*, Hogan J of the Family Court of Australia considered an application for a stay of an order made on 9 August 2016, pending the finalisation of an appeal by the Full Court of the Family Court of Australia. The applicant sought this stay in relation to an order made pursuant to s 112AP(4) of the relevant legislation.

The primary legal issue before Hogan J was whether the operation of the existing order should be stayed pending the determination of the appeal. This involved an assessment of the merits of the appeal and the potential prejudice to the parties if the stay was granted or refused.

Hogan J ordered that the operation of the order made on 9 August 2016 be stayed pending the finalisation of the appeal by the Full Court. Additionally, the applicant was granted leave to provide a copy of the Notice of Appeal filed on 9 August 2016 to the Legal Services Commission Queensland and the Queensland Law Society.