BAMKIN & TATE (No.2)

This matter concerned an application by the Applicant father against the Respondent mother for contravention of parenting orders. The dispute centred on the Respondent mother's alleged failure to comply with existing orders concerning the children. The proceedings were heard by Judge Scarlett in the Family Court of Australia.

The primary legal issues before the court were whether the Respondent mother had contravened the parenting orders, and if so, whether such contravention was a "less serious contravention" given the absence of prior contraventions of the primary order. The court was also required to determine the appropriate consequential orders to be made, including the imposition of a bond, and to consider the question of costs, taking into account the parties' respective financial circumstances and the overall success of the parties in the proceedings.

In her reasoning, Judge Scarlett found that the Respondent mother had contravened the parenting orders. However, she characterised the contravention as "less serious" due to the lack of previous contraventions. Applying the principles of section 70NEC of the *Family Law Act 1975*, the court ordered the Respondent mother to enter into a twelve-month bond, without surety or security, on the conditions that she be of good behaviour and comply with court orders. Regarding costs, the court acknowledged that neither party had legal aid and that the Respondent was not wholly unsuccessful. Nevertheless, the proceedings were necessitated by the Respondent's failure to comply with previous orders. Consequently, the Respondent was ordered to pay one-half of the Applicant's costs and disbursements, fixed at $5,059.75, to be paid within six months.