Salmon and Marin (No 3)

In *Salmon & Marin (No 3)*, the Family Court of Australia considered an application by Ms Marin, represented by her case guardian Mr N, for a stay of further proceedings. Mr Salmon was the applicant in the matter. The dispute concerned parenting and property matters, and the application for a stay arose following Ms Marin's notice of appeal against an earlier order appointing Mr N as her case guardian.

The primary legal issue before the court was whether to grant a stay of all procedural steps towards trial or final orders in the parenting and property proceedings, pending the determination of Ms Marin's appeal against the appointment of her case guardian. The court also considered the payment of the case guardian's costs in relation to this application.

Justice O'Reilly reasoned that a stay was necessary to prevent the appeal from becoming nugatory. The court noted that if the proceedings were to continue to final orders before the appeal was heard, a successful appeal against the appointment of the case guardian would render the outcome of the appeal meaningless. The court found that the husband and children would not suffer prejudice from a stay, and that the balance of convenience favoured granting it.

Consequently, the court ordered a stay of all procedural steps towards trial or final orders in both parenting and property matters, pending the outcome of Ms Marin's appeal. The case guardian's appointment would remain in effect but would be inert unless urgent interim matters required his attention. The court also stayed any orders relating to the payment of the case guardian's costs in relation to this application.