D v C

The case of *D v C* concerned an application for a stay of orders made by the District Court, which had allowed an appeal from the Children's Court and granted parental responsibility to the mother. The father sought this stay pending the determination of his application for judicial review of the District Court's decision, alleging jurisdictional error.

The primary legal issue before the Court of Appeal was whether to grant a stay of the District Court's orders. This required an assessment of the strength of the grounds for judicial review, the potential for further disruption to the child if the orders were stayed and the child was returned to the father, and the proximity of the hearing for the judicial review application.

Leeming JA considered the principles governing the grant of a stay pending judicial review. His Honour noted that a stay is an exceptional remedy and requires a strong prima facie case. In this instance, Leeming JA found that the grounds for judicial review were not sufficiently strong to warrant a stay. Furthermore, the Court considered the potential for further disruption to the child's welfare if the child were returned to the father, and the proximity of the hearing date for the judicial review. Balancing these factors, the Court concluded that a stay was not appropriate.

Consequently, the notice of motion filed on 17 August 2018 seeking the stay was dismissed.