Lockley and Bardot (Stay Application)

In the matter of *Lockley and Bardot (Stay Application)*, Judge Neville considered an application by the Mother seeking a stay of orders made on 30 June 2016.

The primary legal issue before the court was whether to grant a stay of the existing orders, which involved an appeal from a discretionary judgment. The court was required to determine the principles applicable to stay applications in both general law and parenting proceedings, considering the discretionary nature of such applications and the merits of the case.

Judge Neville applied established legal principles governing appeals from discretionary judgments and stay applications. The court noted that the onus rests on the applicant to establish a proper basis for a stay, though not necessarily "special" or "exceptional" circumstances. Key considerations included the entitlement of a judgment holder to the benefit of their judgment, the presumption of its correctness, and that the mere filing of an appeal is insufficient. The court also weighed factors such as the applicant's bona fides, the balance of convenience, the risk of the appeal being rendered nugatory, the strength of the proposed appeal, the desirability of stability in a child's living arrangements, the timing of the appeal, and, significantly, the best interests of the child.

The Mother's Amended Application seeking a stay of the orders made on 30 June 2016 was dismissed.