The Federal Circuit and Family Court of Australia (Div 1) has dismissed an application in an appeal seeking that interim parenting orders be stayed or set aside.

The interim orders were not the subject of any appeal or application for special leave to appeal to the High Court of Australia, although there was a pending application for special leave to appeal against the court’s earlier decision to allow the father’s appeal against the original parenting orders.

It was found that the court did not have the power to stay its own orders in the absence of any application or appeal to the High Court.

Source: Langley & Tarelli (No. 3) (2021) FLC ¶94-060; [2021] FedCFamC1A 67, 16 November 2021.