FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Briggs & Briggs (No 3) [2024] FedCFamC2F 1734
File number(s): BRC 10366 of 2020 Judgment of: JUDGE DICKSON Date of judgment: 6 December 2024 Catchwords: FAMILY LAW – CONTRAVENTION – PARENTING – Final orders made by consent in March 2021 – Three children aged 15, 13 and 11 years – Where the father originally alleged numerous counts of contravention of the final consent orders by the mother – By the final date of trial, 17 alleged counts of contravention remaining – Where all remaining contraventions were admitted by the mother but with reasonable excuse – Where the mother was legally represented for the first tranche of Trial and was self-represented on the final day of Trial – Two further counts dismissed – 15 counts established without reasonable excuse – Legal fees incurred grossly disproportionate to the issues in dispute – No sanctions imposed – Orders altered. Legislation: Evidence Act 1995 (Cth) s 140.
Family Law Act 1975 (Cth) ss 70NAC, 70NAE, 70NAF, 70NBA.
Federal Circuit and Family Court of Australia Act 2021 (Cth) s 189.
Federal Circuit and Family Court of Australia (Family Law) Rules 2021 rr 11.67, 11.69.
Cases cited: Childers & Leslie [2008] FamCAFC 5
Galvis & Galvis [2024] FedCFamC1A 123
Hatfield & Rivas [2024] FedCFamC1A 202
Keehan & Keehan [2019] FamCAFC 250
Millson & Halbert [2021] FedCFamC1F 94
Mitty & Mitty [2012] FamCA 329
Seaward & MacDuff [2011] FamCA 1041
Taikato v The Queen [1996] HCA 28,
Vaughton & Randle (No 2) [2013] FamCA 286
Division: Division 2 Family Law Number of paragraphs: 114 Date of hearing: 15 October 2024 Date of last submissions: 15 October 2024 Place: Adelaide Counsel for the Applicant: Mr Christie Solicitor for the Applicant: Murdoch Lawyers The Respondent: Self-represented ORDERS
BRC 10366 of 2020 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MR BRIGGS
Applicant
AND: MS BRIGGS
Respondent
ORDER MADE BY:
JUDGE DICKSON
DATE OF ORDER:
6 DECEMBER 2024
UPON NOTING THAT THE COURT FINDS:
A.That the mother has contravened Order 21 of the Orders made on 18 March 2021 on 6, 8, 18, 20 and 22 December 2022 respectively and on 1, 3, 14, 16, 18, 26, 28, 30 January 2023 respectively and on 1 February 2023 without reasonable excuse.
B.That the mother has contravened Order 8 of the Orders made on 18 March 2021 on 23 December 2022 as to the children Y (born in 2011) and Z (born in 2013) only without reasonable excuse.
THE COURT ORDERS THAT:
1.In respect of the finding of a contravention of Order 21 of the Orders made on 18 March 2021, no penalty is imposed.
2.In respect of the finding of a contravention of Order 8 of the Orders made on 18 March 2021, no penalty is imposed.
3.Count 8 and Count 16 of the father’s Application for Contravention filed 21 February 2023 are hereby dismissed.
4.Pursuant to section 70NBA(1) of the Family Law Act 1975 (Cth):
(a)Paragraphs 4 to…
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CaseChat Overview and Summary
The legal issues before the court included whether Ms Briggs had contravened specific orders within the final consent orders and, if so, whether any of these contraventions were justified by a reasonable excuse. Mr Briggs had initially alleged numerous counts of contravention by Ms Briggs, but by the final date of trial, only 17 counts remained, all of which Ms Briggs admitted but claimed had reasonable excuses. The court had to assess the validity of these excuses and determine the appropriate course of action regarding the contraventions.
The court found that Ms Briggs had contravened Order 21 on multiple occasions and Order 8 on one occasion, both without reasonable excuse. However, given the admissions and the nature of the contraventions, the court decided not to impose any penalties. Additionally, the court dismissed two counts and the remainder of the father's application for contravention. The court also made several alterations to the final consent orders, including modifying certain provisions to reflect the wishes of one of the children and ensuring that both parents could communicate with the children when they were in the care of the other parent. The court concluded that the legal fees incurred were grossly disproportionate to the issues in dispute but did not impose any sanctions.
The final orders reflect the court's findings and decisions, including dismissing certain counts, not imposing penalties for the contraventions found, and altering specific provisions of the final consent orders to better accommodate the needs and wishes of the children.
Orders
Orders of the court
BRC 10366 of 2020
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:
MR BRIGGS
Applicant
AND:
MS BRIGGS
Respondent
ORDER MADE BY:
JUDGE DICKSON
DATE OF ORDER:
6 DECEMBER 2024
UPON NOTING THAT THE COURT FINDS:
A. That the mother has contravened Order 21 of the Orders made on 18 March 2021 on 6, 8, 18, 20 and 22 December 2022 respectively and on 1, 3, 14, 16, 18, 26, 28, 30 January 2023 respectively and on 1 February 2023 without reasonable excuse.
B. That the mother has contravened Order 8 of the Orders made on 18 March 2021 on 23 December 2022 as to the children Y (born in 2011) and Z (born in 2013) only without reasonable excuse.
THE COURT ORDERS THAT:
1. In respect of the finding of a contravention of Order 21 of the Orders made on 18 March 2021, no penalty is imposed.
2. In respect of the finding of a contravention of Order 8 of the Orders made on 18 March 2021, no penalty is imposed.
3. Count 8 and Count 16 of the father’s Application for Contravention filed 21 February 2023 are hereby dismissed.
4. Pursuant to section 70NBA(1) of the Family Law Act 1975 (Cth):
(a) Paragraphs 4 to 13 of the Orders made on 18 March 2021 shall be subject to the wishes of the child X (born in 2009);
(b) Paragraph 21 of the Orders made on 18 March 2021 is hereby discharged; and
(c) Each parent shall be at liberty to speak to the children by telephone at any reasonable time when the children are in the care of the other parent and the parent who has the care of the children shall facilitate such communication by ensuring that the children have access to their mobile telephones and that they are switched on and charged at all reasonable times.
5. The father’s Application for Contravention filed on 21 February 2023 is hereby dismissed.
Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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