Sampson & Hartnett

The Full Court of the Family Court of Australia heard an appeal concerning the refusal of a stay of orders made by Moore J on 21 March 2007. The appeal was brought by Sampson & Hartnett, who sought to stay Order 17 of the previous orders.

The primary legal issue before the Full Court was whether the refusal to grant a stay on 30 April 2007 was correct, and consequently, whether Order 17 of the 21 March 2007 orders should be stayed pending further order. The Court also considered the appropriate costs certificates to be issued under the Federal Proceedings (Costs) Act 1981.

The Full Court allowed the appeal against the refusal of the stay, ordering that Order 17 of the 21 March 2007 orders be stayed pending further order. The determination of the terms and conditions of this stay was remitted to the trial judge. The Court also issued costs certificates under the Federal Proceedings (Costs) Act 1981 to the appellant, the respondent, and the Independent Children's Lawyer (ICL), reflecting the appropriateness of payments for costs incurred in relation to the appeal and a new trial. Importantly, the Court noted that its orders did not affect certain existing orders concerning the children's time with their father on a specific weekend, nor the operation of orders made by Dawe J on 24 May 2007. The appeal was fixed for hearing on 23 August 2007.