Noelle and Fournier

In the matter of *Noelle and Fournier*, heard by Bennett J, the dispute concerned an application by the mother seeking a stay pending appeal of orders made by the court on 23 August 2007. The mother's application for the stay was filed on 24 August 2007, prior to the formal filing of a Notice of Appeal.

The primary legal issue before the court was whether it had the power to dispense with the operation of the *Family Law Rules 2004* to allow the mother to rely on her stay application, notwithstanding that it was filed before the Notice of Appeal. The court was also required to determine the mother's application for the stay and to consider the question of costs.

Bennett J determined that it was appropriate to dispense with the operation of the *Family Law Rules 2004* to permit the mother's application to be considered. However, the court ultimately dismissed the mother's application for a stay pending appeal. The court then made directions regarding the process for dealing with any costs disputes, requiring written submissions from the parties and certifying that it was reasonable to employ an advocate.