STAPLETON & HAYES

The parties in this matter were the Applicant and the Respondent, concerning a dispute over contravention of parenting orders. The application was heard by Judge Scarlett.

The primary legal issue before the court was whether to grant a stay of Order 16, made on 17 August 2015, pending the hearing of an appeal filed on 14 September 2015. This involved considering the principles applicable to applications for a stay pending appeal, specifically whether the appeal would be rendered nugatory if the stay was not granted.

Judge Scarlett ordered that Order 16 made on 17 August 2015 be stayed pending the hearing of the Appeal filed on 14 September 2015.