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Stays pending appeal
The filing of a Notice of Appeal does not stay the operation or enforcement of the order appealed from, unless otherwise provided by a legislative provision. If an appeal has been filed, or a party has applied for leave to appeal against an order, any party may apply for an order staying the operation or enforcement of all, or part, of the order to which the appeal or application relates.
See Aldridge v Keaton (Stay Appeal) for a summary of the points that the Full Court must consider in any stay application.
Aldridge v Keaton (Stay Appeal) [2009] FamCAFC 106
An application for a stay must be filed in the registry in which the order under appeal was made and be heard by the judge or magistrate who made the order under appeal.
See Stays pending appeal.
