Commonwealth Numbered Regulations

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FAMILY LAW RULES 20042003 No. 375 - RULE 22.12

Stay
(1)
The filing of a Form 20 does not stay the operation or enforcement of the order appealed from, unless otherwise provided by a legislative provision.

(2)
If an appeal has been started, or a party has applied for permission 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.

(3)
An application for a stay must be made to the Judge, Federal Magistrate or Magistrate who made the order under appeal.

Note 1
Under subsection 55 (3) of the Act, a divorce order is stayed until after an appeal against it is determined or discontinued.
Note 2
See Division 22.7.1 for how to make an application for a stay.
Note 3
 
An application for a stay may be listed before another judicial officer if the judicial officer who made the order under appeal is unavailable (see rule 1.13).


File Notice of Appeal (Form 20) (r 22.02 and 22.03)

File pre-argument statement 14 days after Notice of Appeal (r 22.14)

First court date (settlement conference or procedural hearing) 28 days after filing pre-argument statements (r 22.15)

56 days (r 22.24)

File appeal books (r 22.20)

At least 28 days (r 22.25)

Hearing date



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