Gough & Amado (No. 2)

In *Gough & Amado (No. 2)*, the Family Court of Australia considered an application by the applicant, Ms. Gough, for a stay of proceedings in relation to property settlement orders made on 4 May 2007. The applicant sought to stay all of the orders until the determination of her appeal.

The court was required to determine whether the applicant's application for a stay of proceedings had merit. Specifically, the court considered whether the grounds of appeal disclosed a substantial issue for determination and whether there was a real risk that a successful appeal would be rendered nugatory in the absence of a stay. The court also considered the respondent's oral application for costs.

Justice Rose dismissed the applicant's application for a stay, finding that the notice of appeal did not disclose proper grounds of appeal and was without merit. The court noted that a key ground of appeal, relating to the admission of an exhibit into evidence, was based on a misrepresentation as the exhibit was filed prior to the conclusion of the trial and the applicant had responded to it. Consequently, the court found that the fundamental premise for granting a stay, namely that the appeal discloses proper grounds with merit, was not met. The court also ordered that the applicant pay the respondent's costs of and incidental to the application, noting that the application was dismissed and found to be without merit, and referencing previous findings of the applicant's failure to provide full and frank financial disclosure.