What happens when Orders are appealed?

Posted on January 20th, 2017

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We often bring you tales of decisions being appealed – either successfully or unsuccessfully – but today we consider what happens to Orders during the appeal process.

In the matter of Lockley & Bardot [2016] the trial Judge made parenting Orders. These Orders involved a substantial change in the arrangements for the child: the child’s residence was to change, from the mother’s to the father’s, and the father was to have sole parental responsibility for the child.

The mother appealed those Orders.

However, filing a Notice of Appeal does not automatically affect the Orders made by the trial judge. This means that the Orders apply pending the outcome of the appeal.

As such, in this matter the mother also brought an Application that the Orders made by the trial judge be stayed.

The trial judge refused to grant a stay on a number of grounds including that staying the Orders for the length of time before an appeal would be determined was not in the child’s best interests given the evidence that had been before him in determining the Orders.

The mother appealed the refusal to grant a stay.

The Full Court granted the stay – finding that there was an arguable case to be appealed and proposed interim Orders for the child to remain living with the mother but spend time with the father were in the best interests of the child to avoid any potentially unnecessary change to the child’s living arrangements.

stamp duty family law

Rose Laffan is a Senior Solicitor at Mullane & Lindsay, and practises extensively in Family, Relationship and Matrimonial Law. If you require any assistance in this area please contact Rose Laffan to arrange a consultation or contact our Newcastle office.

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