BOTSMAN & AMUNDSON

Case

[2010] FamCA 156

19 February 2010


Details
AGLC Case Decision Date
BOTSMAN & AMUNDSON [2010] FamCA 156 [2010] FamCA 156 19 February 2010

CaseChat Overview and Summary

In the matter of *Botsman & Amundson*, Dawe J of the Family Court of Australia considered an application by the mother seeking orders for costs and the imposition of a good behaviour bond on the father, Mr Amundson. The dispute arose from the father's contravention of court orders made on 26 August 2008.

The court was required to determine whether the father had contravened specific paragraphs of the existing order without reasonable excuse and whether his conduct demonstrated a serious disregard for his obligations. Additionally, the court considered the appropriateness of imposing a good behaviour bond and the mother's entitlement to costs.

Dawe J found that the father had contravened paragraphs 1 and 3 of the order on specified dates without reasonable excuse and with serious disregard for his obligations. The court determined that it did not have the power to impose a good behaviour bond. However, the father was ordered to pay the mother's costs in relation to the contraventions and the dismissed application initiated by the father.

The father was ordered to pay the mother the sum of $7,000 within twenty-eight days for costs related to the contraventions of paragraph 1. Further, he was ordered to pay the mother $3,000 within three months for costs associated with the contravention of paragraph 3 and his unsuccessful application.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Costs

  • Breach

  • Penalty

  • Remedies

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