Forster and Forster (No. 4)

In *Forster & Forster (No. 4)* [2013] FamCA 198, the Family Court of Australia considered an application by the husband for a stay of certain orders made on 31 January 2013, pending the determination of his appeals. The wife opposed the application. The court was required to determine whether to grant the stay, considering the principles applicable to such applications.

The court was asked to determine the husband's application for a stay of orders made on 31 January 2013, pending the determination of his special leave applications to the High Court and his appeal to the Full Court. The legal issues included whether the husband had established a proper basis for the stay, the bona fides of the applicant, the balance of convenience, the risk of the appeal being rendered nugatory, and a preliminary assessment of the strength of the proposed appeal. The court also considered an application by the wife for costs, which was adjourned.

Justice Strickland applied the principles for stay applications as outlined in *Aldridge & Keaton (Stay Appeal)* [2009] FamCAFC 106. The court noted that the onus was on the applicant to establish a proper basis for the stay, and that the mere filing of an appeal was insufficient. Critically, the court found that the husband had failed to lay out any basis for the stay in his documents, nor had he provided any indication that the appeals would be rendered nugatory if a stay was not granted. Furthermore, the court made a preliminary assessment that the husband's appeals had no chance of success. Consequently, the court dismissed the husband's application for a stay of the orders made on 31 January 2013. The wife's application for costs was adjourned for further consideration.