ALCOCK & SWEENEY

In the Federal Circuit Court, Judge Scarlett considered two applications concerning alleged contraventions of a parenting order. The father alleged that the mother had contravened the interim parenting order on six occasions, while the mother alleged that the father had contravened the same order on four occasions. The father also raised a defence of reasonable excuse in relation to one of the allegations against him.

The court was required to determine whether a prima facie case had been established for each alleged contravention. Additionally, the court considered issues of procedural fairness, particularly where one party was not legally represented, and the proper practice for annexures to affidavits, including pagination and marking. The court also addressed the correct form of address for judges of the Federal Circuit Court.

Judge Scarlett found that the father had established a prima facie case for five of the six alleged contraventions by the mother, dismissing one count. The court also found that the father had contravened the order on one occasion, as alleged by the mother. Furthermore, the mother established a prima facie case for two of the alleged contraventions by the father, while a fourth count against the father was struck out. The court granted both parties leave to file further affidavits to present any defence or reasonable excuse for the established contraventions.