Beckett and Beckett (No.2)
Case
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[2018] FCCA 667
•10 May 2018
Details
AGLC
Case
Decision Date
Beckett and Beckett (No.2) [2018] FCCA 667
[2018] FCCA 667
10 May 2018
CaseChat Overview and Summary
In *Beckett and Beckett (No.2)*, the Federal Circuit Court of Australia at Wollongong considered whether Ms Beckett had contravened, without reasonable excuse, a parenting order made on 28 March 2017. The proceedings were brought by the Father seeking enforcement of the existing orders.
The central legal issue before the Court was whether Ms Beckett's conduct constituted a contravention of the parenting order and, if so, whether she had a reasonable excuse for that contravention.
Judge Altobelli found that Ms Beckett had indeed contravened the parenting order without reasonable excuse. Consequently, the Court ordered Ms Beckett to enter into a bond pursuant to section 70NEC of the *Family Law Act 1975*. The conditions of the bond included strictly adhering to her obligations under the operative parenting orders and remaining of good behaviour for a period of two years. The Court also ordered Ms Beckett to pay the Father's costs in the sum of $17,099.90. This costs order was stayed for two years, conditional upon Ms Beckett's compliance with all current parenting orders. If she complied for the two-year period, the costs order would be discharged.
The central legal issue before the Court was whether Ms Beckett's conduct constituted a contravention of the parenting order and, if so, whether she had a reasonable excuse for that contravention.
Judge Altobelli found that Ms Beckett had indeed contravened the parenting order without reasonable excuse. Consequently, the Court ordered Ms Beckett to enter into a bond pursuant to section 70NEC of the *Family Law Act 1975*. The conditions of the bond included strictly adhering to her obligations under the operative parenting orders and remaining of good behaviour for a period of two years. The Court also ordered Ms Beckett to pay the Father's costs in the sum of $17,099.90. This costs order was stayed for two years, conditional upon Ms Beckett's compliance with all current parenting orders. If she complied for the two-year period, the costs order would be discharged.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Breach
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Costs
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Remedies
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Stay of Proceedings
Actions
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Most Recent Citation
Beckett and Beckett (No 3) [2021] FCCA 1759
Cases Cited
3
Statutory Material Cited
3
Beckett & Beckett
[2017] FCCA 608
Deakin & Howe
[2016] FCCA 2605
Taikato v The Queen
[1996] HCA 28