Bondelmonte and Bondelmonte (No 4)

In *Bondelmonte and Bondelmonte (No 4)*, the husband sought a stay of orders previously made requiring him to return the children to Australia, while the wife opposed this application. The matter came before Watts J.

The central legal issue before the court was whether to grant a stay of the existing orders pending the determination of the husband's appeal to the High Court.

Watts J reasoned that a stay was appropriate in these circumstances. The court applied the principle that a stay may be granted to preserve the status quo pending the outcome of an appeal, particularly where significant issues are to be determined by a higher court. The court considered the potential impact of the appeal on the final disposition of the matter and the welfare of the children.

The court ordered that orders 1 and 8 made on 8 March 2016 be stayed until the determination by the High Court of the husband’s appeal from the Full Court’s decision of 8 April 2016.