Steele and Galloway

In the Family Court of Australia, Ms Steele (the applicant) sought a stay of existing orders, with Mr Galloway as the respondent. The dispute concerned the supervision of contact between a child and his mother.

The court was required to determine whether to grant the mother's application for a stay of orders. This involved considering the nature of the appeal, whether refusing a stay would render the appeal nugatory, and the best interests of the child. The court also had to assess the likely success of the appeal, particularly given it was an appeal from a discretionary judgment.

Justice Fowler refused the application for a stay, reasoning that the appeal was not frivolous and that refusing the stay would not render the appeal nugatory. The court emphasised that maintaining the existing orders, which were made in the best interests of the child, was paramount. Justice Fowler noted that it had always been her intention for contact to be supervised and did not presume the respondent would fund such supervision. The matter was stood over for further hearing regarding the supervision of contact.