Beeney and Jenner (No.2)
Case
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[2017] FCCA 1107
•25 May 2017
Details
AGLC
Case
Decision Date
Beeney and Jenner (No.2) [2017] FCCA 1107
[2017] FCCA 1107
25 May 2017
CaseChat Overview and Summary
In the matter of *Beeney and Jenner (No.2)*, Judge Harland considered an application alleging contravention of court orders. The dispute concerned alleged breaches of orders made on 18 September 2015 and 28 January 2015, with the applicant seeking to prove contravention and the respondent asserting reasonable excuse for any breaches.
The court was required to determine whether the respondent had contravened specific orders without reasonable excuse, as alleged in various counts of the amended contravention application. It also needed to consider whether the respondent had established a reasonable excuse for any potential contraventions, and to decide on the appropriate outcome for each alleged breach, including whether to discharge or vary existing orders.
Judge Harland found that Count 1 of the amended contravention application was proved, establishing that the respondent had contravened order 10 of the 18 September 2015 orders without reasonable excuse. However, Counts 2, 3, and 18 were dismissed. Counts 4 to 17, 20, and 22 were struck out. For Counts 19 and 21, the court found they were not proved as the respondent had a reasonable excuse. Order 4 of the 28 January 2015 orders was discharged, and order 10 of the 18 September 2015 orders was also discharged. Order 5(b) of the 18 September 2015 orders was varied to change the specified time from "4.00pm" to "6.00pm".
The court was required to determine whether the respondent had contravened specific orders without reasonable excuse, as alleged in various counts of the amended contravention application. It also needed to consider whether the respondent had established a reasonable excuse for any potential contraventions, and to decide on the appropriate outcome for each alleged breach, including whether to discharge or vary existing orders.
Judge Harland found that Count 1 of the amended contravention application was proved, establishing that the respondent had contravened order 10 of the 18 September 2015 orders without reasonable excuse. However, Counts 2, 3, and 18 were dismissed. Counts 4 to 17, 20, and 22 were struck out. For Counts 19 and 21, the court found they were not proved as the respondent had a reasonable excuse. Order 4 of the 28 January 2015 orders was discharged, and order 10 of the 18 September 2015 orders was also discharged. Order 5(b) of the 18 September 2015 orders was varied to change the specified time from "4.00pm" to "6.00pm".
Details
Key Legal Topics
Areas of Law
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Civil Procedure
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Family Law
Legal Concepts
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Remedies
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Procedural Fairness
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Stay of Proceedings
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Injunction
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