STENNET & STENNET (No.2)

This matter concerned an application by Ms Stennet for a stay of interim parenting orders made by the Federal Circuit Court, pending the determination of her appeal against those orders. The application was heard by Judge Altobelli.

The central legal issue before the court was whether to grant a stay of the interim parenting orders. This required the court to consider the principles governing applications for stays pending appeal, particularly in the context of family law parenting disputes.

Judge Altobelli applied the principles established in *S v S* (1987) 164 CLR 469, which require an applicant for a stay to demonstrate a strong prima facie case or, at the very least, a serious question to be tried, and that the balance of convenience favours granting the stay. In this instance, the court found that Ms Stennet had not established a strong prima facie case or a serious question to be tried, nor had she demonstrated that the balance of convenience favoured the grant of a stay. The court noted that the interim orders were made after a contested hearing and that the appeal grounds were not sufficiently arguable to warrant disturbing those orders.

Consequently, the application in a case filed by Ms Stennet on 13 August 2018 was dismissed.