- (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).