Where a party has commenced proceedings in a federal court asserting a de facto relationship to enliven jurisdiction under Part VIIIAB of the Family Law Act 1975 (Cth), and has separately commenced proceedings in a state court concerning the same property, a stay of the state court proceedings is appropriate pending determination of the federal proceedings, because a successful outcome in the federal proceedings would engage s 39A(5) and deprive the state court of jurisdiction. The potential impact of a pending appeal on jurisdictional questions is a relevant consideration in granting a stay.
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