STAPLETON & HAYES

[2015] FCCA 2955

FEDERAL CIRCUIT COURT OF AUSTRALIA

STAPLETON & HAYES [2015] FCCA 2955

Catchwords:
FAMILY LAW – Children – contravention of parenting orders – where Applicant placed on bond.

PRACTICE AND PROCEDURE – Stay – application for stay – application for stay pending Appeal – principles considered – whether Appeal would be rendered nugatory if stay not granted.

Legislation:

Family Law Act 1975 (Cth), s.70NEC

Cases cited:
Aldridge & Keaton (Stay Appeal) [2009] FamCAFC 106
Hayes & Stapleton [2015] FCCA 1948

Applicant: MS STAPLETON

Respondent: MR HAYES

File Number: SYC 2750 of 2007

Judgment of: Judge Scarlett

Hearing date: 2 November 2015

Date of Last Submission: 2 November 2015

Delivered at: Sydney

Delivered on: 2 November 2015

REPRESENTATION

Applicant: In person

Respondent: No appearance

ORDERS

1. Order 16 made on 17 August 2015 is stayed pending the hearing of the Appeal filed on 14 September 2015.

IT IS NOTED that publication of this judgment under the pseudonym Stapleton & Hayes is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYC 2750 of 2007

MS STAPLETON

Applicant

And

MR HAYES

Respondent

REASONS FOR JUDGMENT

1. There is an Application before the Court for a stay of Order 16 made by the Court on 17 August 2015.  The orders, which have been conveniently attached to the Application, relate to some contravention proceedings which were quite lengthy and took place over a considerable period of time[1].

   [1] Hayes & Stapleton [2015] FCCA 1948

2. The order which is the subject of the Application for a stay is Order 16, which requires the Respondent to the substantive proceedings, who is the Applicant today, to enter into a bond, in accordance with section 70NEC of the Family Law Act 1975 (Cth), for a period of 18 months.

3. The Applicant, as she now is, has appealed against the Court’s decision and filed a Notice of Appeal on 14 September this year.  She has attended Court today and advised the Court that she has obtained advice about filing an Amended Notice of Appeal containing amended Grounds of Appeal, and that may well be filed today.  At this stage, she has not been given any indication as to when the Appeal, or the amended Appeal, is to be heard.

4. I have read through the material contained in the affidavit which relates to the Applicant’s complaints of the effect on her of the bond, possibly matters that are more appropriate to be dealt with by the Full Court during the hearing of the Appeal, but nevertheless set out the Applicant’s views.

Factors to be considered

1. When dealing with a stay, a Court must consider a variety of matters, and the decision of the Full Court of the Family Court in Aldridge & Keaton (Stay Appeal)[2] is particularly important, particularly at paragraph 18.

   [2] [2009] FamCAFC 106

2. In paragraph 18, their Honours set out a number of matters for a court considering an application for a stay to take into account, and they are:

   (1)…