Leone and Cino (No 3)

In the matter of *Leone and Cino (No 3)*, Johns J of the Family Court of Australia considered an application by the husband for a stay of final orders in divorce proceedings, pending the determination of his appeal against an earlier interlocutory decision. The wife opposed the stay.

The central legal issue before the court was whether the husband had established sufficient grounds to warrant a stay of the final hearing of the divorce proceedings. This required the court to assess the merits of the husband's intended appeal and consider the potential prejudice to both parties if the stay was granted or refused.

Johns J reasoned that a stay of final orders should only be granted in exceptional circumstances. His Honour considered the husband's prospects of success on appeal and the potential for injustice. Ultimately, the court ordered a stay of the final hearing, conditional upon the husband diligently prosecuting his appeal. The wife was granted liberty to relist the matter for consideration of the discharge of the stay if the husband failed to meet this condition. The husband's separate application was dismissed, and the costs of the wife and the Independent Children’s Lawyer were reserved.