Commonwealth Numbered Regulations Commonwealth Numbered Regulations(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:
(a) be filed in the registry in which the order under appeal was made; and
(b) be heard by the Judge or Magistrate who made the order under appeal, unless that judicial officer is unavailable.
Note: Under subsection 55(3) of the Family Law Act, a divorce order is stayed until after an appeal against it is determined or discontinued.