Groth and Banks (No 2)

In *Groth and Banks (No 2)*, Thornton J of the Family Court of Australia considered an application by the father seeking a stay of orders made by the Family Court on 13 January 2017, pending his appeal against those orders. The father also sought to maintain the operation of existing orders made on 1 December 2014, as amended on 5 October 2015.

The central legal issue before the court was whether to grant a stay of the 13 January 2017 orders. This required the court to consider the principles governing the grant of interlocutory injunctions, specifically the balance of convenience and the prospects of success of the father's appeal. The court also had to determine whether the existing orders should remain in force during the period of the stay.

Thornton J granted the father's application, ordering that the operation of the 13 January 2017 orders be stayed pending the determination of the father's appeal or until further order. The court reasoned that a stay was necessary to preserve the status quo and prevent the appeal from becoming nugatory. The existing orders of 1 December 2014, as amended, were ordered to remain in full force and effect.