Under UCPR r 754, a cross appeal in Queensland is limited to seeking variation of the specific decision the subject of the notice of appeal, not the entirety of the lower court's decision. This contrasts with the broader scope available under NSW UCPR r 51.17. The test for a stay pending appeal does not require 'special or exceptional circumstances'; the court must weigh the risk of the appeal being rendered nugatory against the principle that judgments should not be treated as merely provisional. Where a specific performance decree involves transfer of real property, a stay may be granted where there is a risk the successful party may alienate the property, particularly where no undertaking or evidence of assets is offered.
The full text is available to signed-in members, including the 9 later cases that cite this judgment.
4 of the 9 citing cases carry a classified treatment. How each court treated it is available to signed-in members.