Masson and Parsons & Anor (No 2)

In *Masson and Parsons & Anor (No 2)*, Austin J of the Family Court of Australia considered applications by the respondents seeking to stay or suspend various orders made by the court. The applications concerned orders requiring the first respondent to enter into good behaviour bonds, for the respondents to ensure compensatory time between a child and the applicant, and for the interim suspension of orders for the youngest child to spend time with the applicant. The respondents also sought directions regarding contravention proceedings.

The court was required to determine whether to grant a stay of the good behaviour bond and compensatory time orders pending appeal, and whether to grant an interim suspension of parenting orders for the youngest child. Additionally, the court needed to consider the appropriate course for the contravention proceedings, particularly in light of foreshadowed but unparticularised applications under s 70NBA of the *Family Law Act 1975* (Cth).

Austin J dismissed the application for a stay of the good behaviour bonds, finding that their entry was not inconvenient and would not render the appeal nugatory. The application to stay the compensatory time order was also dismissed for lack of evidence and proper basis. The application to suspend parenting orders for the youngest child was refused, as no particularised application for final relief had been made, and there was no evidence that interim suspension was in the child's best interests. The contravention proceedings were largely dismissed, with the court directing that fresh proceedings should be formally commenced if the parties wished to amend the operative orders, as neither party had particularised the s 70NBA applications foreshadowed at the contravention hearing.

The court ordered that the applications filed on 26 June 2020 and 2 July 2020 be dismissed, with no order as to costs. The Application-Contravention filed on 11 May 2020 was also dismissed, save for orders made on 23 June 2020, with no order as to costs.