Commonwealth Consolidated Regulations

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FAMILY LAW RULES 2004 - RULE 22.11

Stay

             (1)  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.

             (2)  If an appeal has been started, 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.

             (3)  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 of the Family Court, Judge of the Federal Circuit Court 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:       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).



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