ONGAL & MATERNS

The matter of *Ongal & Materns* concerned applications made by the father in the Family Court of Australia before Dawe J. The father sought both leave to file further applications concerning child support, and a stay of proceedings pending the outcome of an appeal he had lodged.

The primary legal issues before the court were whether it was just and equitable to grant the father leave to file further child support applications, and whether a stay of proceedings should be granted pending his appeal. The court was required to consider the provisions of section 117 of the *Family Law Act 1975* (Cth) in relation to the departure from the child support assessment, and to assess whether any special circumstances warranted such a departure. Furthermore, the court had to determine if the father's appeal would be rendered nugatory without a stay, and consider the best interests of the children and the desirability of limiting the frequency of changes to their living arrangements.

Dawe J found that the history of the matter did not support the contention that it was just and equitable to grant leave for further child support applications, nor were there any special circumstances justifying a departure from the existing assessment. Consequently, the application for leave was dismissed. Similarly, the application for a stay was refused, as the court determined that the appeal would not be rendered nugatory without it, and that the best interests of the children and the need for stability weighed against granting a stay.

Accordingly, the applications filed by the father on 27 February 2014 and 25 March 2014 were dismissed and removed from the active pending list.