BARBERO & CONNERS
Case
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[2019] FCCA 2322
•26 August 2019
Details
AGLC
Case
Decision Date
Barbero and Conners [2019] FCCA 2322
[2019] FCCA 2322
26 August 2019
CaseChat Overview and Summary
In the matter of *Barbero & Conners*, heard by Judge Small, the dispute concerned allegations that the respondent mother had contravened previous court orders made on 8 October 2008 and 26 June 2009, without reasonable excuse. The court was also required to consider what penalty might be appropriate, given that the mother had previously been found to have contravened orders on two prior occasions.
The legal issues before the court were whether the mother had, in fact, contravened specific paragraphs of the orders from 8 October 2008 and 26 June 2009 on various dates, and whether these contraventions were without reasonable excuse. If contraventions were proven, the court needed to determine the appropriate penalty, taking into account the mother's history of non-compliance.
The court found that the respondent mother had, without reasonable excuse, contravened multiple paragraphs of the orders from 8 October 2008 and 26 June 2009 on numerous specified dates. Specifically, the court found contraventions of paragraphs 8(e), 8(f), 8(i), 8(k), 8(l) of the 8 October 2008 orders, and paragraphs 5 and 7 of the 26 June 2009 orders. In light of these findings, and pursuant to s.70NFB(2) of the *Family Law Act 1975* (Cth), the mother was ordered to enter into a two-year bond of $2000.00 to be of good behaviour and comply with all current court orders. Additionally, she was ordered to enrol in and attend an approved post-separation parenting course within seven days, and to pay the father $1500.00 for costs awarded in previous orders within twelve months. All other extant applications were dismissed.
The legal issues before the court were whether the mother had, in fact, contravened specific paragraphs of the orders from 8 October 2008 and 26 June 2009 on various dates, and whether these contraventions were without reasonable excuse. If contraventions were proven, the court needed to determine the appropriate penalty, taking into account the mother's history of non-compliance.
The court found that the respondent mother had, without reasonable excuse, contravened multiple paragraphs of the orders from 8 October 2008 and 26 June 2009 on numerous specified dates. Specifically, the court found contraventions of paragraphs 8(e), 8(f), 8(i), 8(k), 8(l) of the 8 October 2008 orders, and paragraphs 5 and 7 of the 26 June 2009 orders. In light of these findings, and pursuant to s.70NFB(2) of the *Family Law Act 1975* (Cth), the mother was ordered to enter into a two-year bond of $2000.00 to be of good behaviour and comply with all current court orders. Additionally, she was ordered to enrol in and attend an approved post-separation parenting course within seven days, and to pay the father $1500.00 for costs awarded in previous orders within twelve months. All other extant applications were dismissed.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Breach
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Costs
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Penalty
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Remedies
Actions
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Citations
Barbero and Conners [2019] FCCA 2322
Cases Citing This Decision
0
Cases Cited
4
Statutory Material Cited
3
Fauna Holdings Pty Ltd & McGillivray & Ors & Mitchell
[2000] FamCA 313
McClintock & Levier
[2009] FamCAFC 62
Hugh & Sawer
[2010] FamCA 290