If you are not satisfied with your Final Orders made by the Court, your divorce lawyer can provide you with some advice about your options of an Appeal. Appeals must be filed within 28 days of the Orders being made.
However, the filing of an appeal does not automatically stop the obligations contained in the Final Orders. As such, your divorce lawyer may advise whether it is appropriate to file an application to stay the Final Orders. If the application for a stay is successful, the Final Orders will not operate until the appeal is decided.
The application for a stay of the proceedings will depend on whether the stay is necessary to preserve the subject matter of the litigation. For example, is there a risk that there will not be any money left over to make a pay out if the appeal is successful. There will need to be some kind of exceptional circumstance.
Principles of a stay application include:
- The Applicant has the onus of establishing the proper basis for the stay
- The person who has obtained final orders is entitled to the benefit of those orders and is entitled to presume the orders are correct
- Filing of an appeal does not automatically grant a stay
- There will be some preliminary assessment of the prospects of the proposed appeal
For advice about your family law matter, please contact one of our divorce lawyers on 1800 300 170 or email us at famlaw@matthewsfolbigg.com.au
Disclaimer
Family law situations can be complex and sometimes they can involve serious issues. Information outlined is proposed to provide general guidance only. Due to the seriousness of legal matters as well as the uniqueness of your individual situation, professional advice should be sought. For advice, please contact one of our Family Lawyers.
