BENSON & HIGGINS

In the matter of Benson & Higgins, Forrest J of the Federal Circuit Court of Australia considered applications concerning contraventions of existing orders and sought variations to those orders. The dispute involved the arrangements for a child, with applications filed on 8 November 2018 and 22 November 2018 seeking to address alleged contraventions, and a further application filed on 8 January 2019.

The court was required to determine whether contraventions of previous orders had occurred, and if so, what the consequences should be. Additionally, the court had to consider applications to vary existing orders relating to the child's time with the father, the father's communication with the child, and the mother's obligation to keep the father informed of her contact details.

Forrest J dismissed the contravention applications filed in November 2018, indicating that the evidence did not support a finding of contravention. The court then varied the September 2016 orders to allow for agreed time between the child and the father, discharged a previous paragraph, and varied another to ensure the mother would keep the father informed of her contact details and pass on communications. The father was granted liberty to send messages and presents to the child through the mother, who was ordered to facilitate their delivery. The mother was also directed to inform the child of their right to contact the father and to facilitate such contact if requested by the child. Finally, the contravention application filed in January 2019 was not listed for hearing, as the court found it had no reasonable prospects of success.