Director General, Department of Human Services and Tran & Anor

In the Supreme Court of New South Wales, Rose J considered an application by the Director General, Department of Human Services (the Intervenor) for a stay of parenting orders made on 30 October 2009. The dispute concerned the continuation of existing parenting orders made on 1 August 2008 pending the determination of the Intervenor's appeal against the later orders.

The primary legal issue before the Court was whether to grant a stay of the 30 October 2009 parenting orders and, if so, on what terms. This involved considering the best interests of the child and the need for the Intervenor to urgently prosecute its appeal.

Rose J reasoned that a stay was warranted to preserve the status quo pending the appeal. The Court applied the principles governing stays of court orders, balancing the need for finality with the potential for injustice if the appeal were successful. The Court also considered the specific circumstances of the child and the parties, including the need for supervised contact.

The Court ordered a stay of the 30 October 2009 parenting orders pending the determination of the Intervenor's appeal, with the 1 August 2008 parenting orders to continue in the interim. Specific conditions were imposed on the Intervenor to ensure the urgent prosecution of the appeal, including making an application for expedition and seeking the earliest possible hearing date. Further orders were made to facilitate supervised contact between the child and each parent on 23 and 24 December 2009, with specific requirements for information exchange and proposed activities.