Barber & Khatri

In the matter of MLC 9649 of 2018, Ms Khatri (the applicant mother) sought an order from Williams J of the Family Court of Australia to stay substantive orders pending the determination of a notice of appeal. Mr Barber was the respondent.

The central legal issue before the Court was whether to grant the applicant mother's application for a stay of the substantive orders. This required the Court to consider the merits of the proposed appeal and the potential prejudice to the parties if the stay was either granted or refused.

Williams J dismissed the applicant mother's application. While the specific reasoning is not detailed in the provided text, the outcome indicates that the Court was not satisfied that the grounds for a stay were met. The Court’s decision was to refuse the application for a stay of the substantive orders.