Liatos and Liatos (No. 2)

In *Liatos and Liatos (No. 2)*, O'Ryan J of the Family Court of Australia considered an application by the Wife for a stay of an order made on 28 August 2007, pending her application for leave to appeal that order to the Full Court. The underlying dispute concerned property settlement proceedings between the parties.

The primary legal issue before O'Ryan J was whether the Wife had established sufficient grounds to warrant a stay of the earlier order. This required the court to assess the balance of convenience and the prospects of success on appeal, considering the potential prejudice to each party if the stay was granted or refused.

O'Ryan J reasoned that a stay should be granted where there is a real prospect of an appeal succeeding and where the applicant would suffer irreparable harm if the stay were not granted. His Honour considered the Wife's arguments regarding the potential impact of the earlier order on her financial position and the importance of allowing the Full Court to consider the merits of her appeal. The court applied the principles governing the grant of interlocutory injunctions and stays, balancing the interests of both parties.

Consequently, O'Ryan J ordered that the operation of the 28 August 2007 order be stayed until further order. The Wife was also directed to expeditiously seek a hearing of her application for leave to appeal and, if leave were granted, to expeditiously seek a hearing of the appeal itself.