BICKERTON & SEASTROM
Case
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[2021] FCCA 192
•5 February 2021
Details
AGLC
Case
Decision Date
BICKERTON & SEASTROM [2021] FCCA 192
[2021] FCCA 192
5 February 2021
CaseChat Overview and Summary
In the matter of Bickerton & Seastrom, heard by Judge Obradovic, the applicant sought to establish that the respondent had contravened parenting orders made on 1 May 2020. The specific contravention alleged was that on 27 June 2020, the respondent, at B Park, refused to allow the applicant to spend time with the children, X and Y.
The central legal issue before the court was whether the respondent had a reasonable excuse for refusing the applicant time with the children on the specified date.
Judge Obradovic found that the respondent did establish a reasonable excuse for the contravention. Consequently, the court recorded a finding that the respondent had contravened the orders, but that this contravention was committed with a reasonable excuse. The court ordered that each party bear their own costs of and incidental to the contravention proceedings.
The central legal issue before the court was whether the respondent had a reasonable excuse for refusing the applicant time with the children on the specified date.
Judge Obradovic found that the respondent did establish a reasonable excuse for the contravention. Consequently, the court recorded a finding that the respondent had contravened the orders, but that this contravention was committed with a reasonable excuse. The court ordered that each party bear their own costs of and incidental to the contravention proceedings.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Remedies
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Costs
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Procedural Fairness
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Citations
BICKERTON & SEASTROM [2021] FCCA 192
Cases Citing This Decision
0
Cases Cited
2
Statutory Material Cited
3
Taikato v The Queen
[1996] HCA 28
Taikato v The Queen
[1996] HCA 28
Childers & Leslie
[2008] FamCAFC 5