FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Baldwin & Baldwin [2024] FedCFamC2F 1131
File number(s): BRC 1683 of 2024 Judgment of: JUDGE BERTONE Date of judgment: 2 August 2024 Catchwords: FAMILY LAW – COSTS – where 92 count contravention application egregious – where contravention application was withdrawn on the morning of hearing - where an order in accordance with the scale of costs is not sufficient Legislation: Family Law Act 1975, s 117 Division: Division 2 Family Law Number of paragraphs: 57 Date of last submission/s: 2 August 2024 Date of hearing: 2 August 2024 Place: Brisbane Counsel for the Applicant: Mr Cahill Solicitor for the Applicant: N Law Firm, City K Counsel for the Respondent: Mr Jordan Solicitor for the Respondent: Keating Lehn Solicitors ORDERS
BRC 1683 of 2024 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MR BALDWIN
Applicant
AND: MS BALDWIN
Respondent
ORDER MADE BY:
JUDGE BERTONE
DATE OF ORDER:
2 AUGUST 2024
THE COURT ORDERS BY CONSENT ON A FINAL BASIS THAT:
1.Orders 3 to 23 inclusive, of the Orders dated 28 August 2014 are hereby discharged.
2.The Applicant Father’s time with the child, X born in 2008 (the child), be in accordance with the child’s wishes and as agreed by the Respondent Mother in writing.
3.Pursuant to section 11(1)(b)(i) of the Australian Passports Act 2005 (Cth), the child, is entitled to have an Australian travel document including but not limited to an Australian Passport.
4.To give effect to this Order, the Respondent Mother is permitted to complete, sign and lodge any application for issue and/or renewal of the child’s Australian Passport, or any other document required to allow the child to travel outside the Commonwealth of Australia, without the need to obtain the Applicant Father’s consent.
5.The Applicant Father is restrained from making an application for an Australian passport or travel-related document for the child.
6.It is requested that the Department of Foreign Affairs and Trade (Australian Passports Office) issue and renew an Australian Passport for the Child upon application of the Respondent Mother alone.
7.For the purposes of section 65Y(1)(c)(ii) of the Family Law Act 1975 (Cth), the Respondent Mother is permitted to take or send the child outside the Commonwealth of Australia without the need for the Applicant Father’s consent.
8.The Respondent Mother will retain the Child’s Passport at all times.
THE COURT ORDERS THAT:
9.The Applicant Father pay the costs of, and incidental to, the Contravention Application filed on 12 February 2024 fixed in the sum of $40,000 payable in equal monthly instalments over three (3) years with the first payment to be made on 1 September 2024 and subsequent payments paid on the first of every month until paid.
Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family…
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CaseChat Overview and Summary
The court found that the contravention application was egregious and that the standard order for costs was not sufficient. The court ordered that Mr. Baldwin pay $40,000 in costs over three years in equal monthly installments, with the first payment due in September 2024. The court emphasized that the nature of the contravention warranted a significant financial penalty to deter similar conduct in the future.
In addition to addressing the costs, the court made several orders regarding the child's care and travel arrangements. The court discharged previous orders related to the child’s care and set new guidelines for the father’s time with the child, which must be agreed upon by the mother. The mother was granted permission to apply for and manage the child’s Australian passport and travel documents without requiring the father’s consent. The father was prohibited from making any such applications for the child.
The court's orders aimed to ensure the child's best interests were met, particularly in relation to travel and the issuance of necessary travel documents. The court also considered the need for a deterrent in family law proceedings, particularly where applications are made in bad faith or without proper consideration.
Orders
Orders of the court
BRC 1683 of 2024
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:
MR BALDWIN
Applicant
AND:
MS BALDWIN
Respondent
ORDER MADE BY:
JUDGE BERTONE
DATE OF ORDER:
2 AUGUST 2024
THE COURT ORDERS BY CONSENT ON A FINAL BASIS THAT:
1. Orders 3 to 23 inclusive, of the Orders dated 28 August 2014 are hereby discharged.
2. The Applicant Father’s time with the child, X born in 2008 (the child), be in accordance with the child’s wishes and as agreed by the Respondent Mother in writing.
3. Pursuant to section 11(1)(b)(i) of the Australian Passports Act 2005 (Cth), the child, is entitled to have an Australian travel document including but not limited to an Australian Passport.
4. To give effect to this Order, the Respondent Mother is permitted to complete, sign and lodge any application for issue and/or renewal of the child’s Australian Passport, or any other document required to allow the child to travel outside the Commonwealth of Australia, without the need to obtain the Applicant Father’s consent.
5. The Applicant Father is restrained from making an application for an Australian passport or travel-related document for the child.
6. It is requested that the Department of Foreign Affairs and Trade (Australian Passports Office) issue and renew an Australian Passport for the Child upon application of the Respondent Mother alone.
7. For the purposes of section 65Y(1)(c)(ii) of the Family Law Act 1975 (Cth), the Respondent Mother is permitted to take or send the child outside the Commonwealth of Australia without the need for the Applicant Father’s consent.
8. The Respondent Mother will retain the Child’s Passport at all times.
THE COURT ORDERS THAT:
9. The Applicant Father pay the costs of, and incidental to, the Contravention Application filed on 12 February 2024 fixed in the sum of $40,000 payable in equal monthly instalments over three (3) years with the first payment to be made on 1 September 2024 and subsequent payments paid on the first of every month until paid.
Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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