Beckett and Beckett (No.2)

FEDERAL CIRCUIT COURT OF AUSTRALIA

BECKETT & BECKETT (No.2) [2018] FCCA 667

Catchwords:
FAMILY LAW – Contravention Application – Where contravention without reasonable excuse established – Where order for costs made but suspended if compliance with existing orders and conditions of a bond.

Legislation:

Family Law Act 1975, ss.65M, 65N, 65NA, 65P, 70NAD , 70NBA, 70NEB, 70NEC, 117.

Federal Court and Federal Circuit Court Regulation  2012 Schedule 1

Cases cited:

Beckett & Beckett [2017] FCCA 608

Deakin & Howe [2016] FCCA 2605

Applicant: MR BECKETT

Respondent: MS BECKETT

File Number: WOC 315 of 2014

Judgment of: Judge Altobelli

Hearing date: 26 February 2018

Date of Last Submission: 26 February 2018

Delivered at: Wollongong

Delivered on: 10 May 2018

REPRESENTATION

Counsel for the Applicant: Mr Gardiner

Solicitors for the Applicant: Coleman Greig Lawyers

The Respondent appeared in person.

Counsel for the Independent Children’s Lawyer: Mr Jackson

Solicitors for the Independent Children’s Lawyer: Maguire & Mcinerney

ORDERS

THE COURT FINDS THAT:

1. MS BECKETT has this day been found by the Federal Circuit Court of Australia at Wollongong to have contravened without reasonable excuse an order made by this Court on 28 March 2017.

THE COURT ORDERS THAT:

1. The Mother is hereby ordered to enter into a bond pursuant to the provisions of s70NEC of the Family Law Act 1975 and upon the conditions set out below:

   (a)Strictly adhere to the obligations in respect of the parenting orders currently operative.

   (b)For a period of two years be of good behaviour.

2. The Mother pay the costs of the Father in the sum of $17,099.90.

3. Order 3 above be stayed for two years on the condition that the Mother complies with all current parenting Orders.

4. In the event that the Mother complies with all current parenting the Orders for two years, order 3 above is discharged.

IT IS NOTED that publication of this judgment under the pseudonym Beckett & Beckett (No.2) is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT WOLLONGONG

WOC 315 of 2014

MR BECKETT

Applicant

And

MS BECKETT

Respondent

REASONS FOR JUDGMENT

1. This case is about two children, [X] born 2007, 10 years old, and her sister [Y] born 2009, eight years old.  These reasons for Judgment explain why the Court has found that the children’s Mother has contravened orders that were made on 28 March 2017 without reasonable excuse.

Background

1. On 28 March 2017 this Court made final orders relating to the children, and published its reasons for judgment as [2017] FCCA 608. The matter was heard over four days in August 2016, the last submission was made on 6 February 2017 and the orders were made on 28 March 2017. No appeal was filed in relation to the orders this Court made.

2. The orders in question are reproduced in the first schedule to these reasons.  In short, the Mother was given sole parental responsibility for the children, who were to live with her.  The orders provide for the children…