CARRINGTON & GUNBY

The matter before Dawe J concerned contravention applications filed by the father against the mother. The dispute centred on allegations that the mother had failed to comply with court orders regarding the child's time with the father.

The court was required to determine the relevance and application of section 69ZT of the Act, which governs the application of the Evidence Act 1995 in child-related proceedings. Specifically, the court needed to consider whether the strict rules of evidence, particularly concerning hearsay and documentary evidence, should apply, and if so, under what circumstances. The court also had to consider the procedural requirements for hearing contravention applications as outlined in Rule 21.08 of the Family Law Rules 2004.

Dawe J noted that section 69ZT allows the court to depart from the usual rules of evidence in child-related proceedings if exceptional circumstances are met, considering factors such as the importance of the evidence and its probative value. The father's affidavit, which alleged non-compliance with court orders and referred to a police report, was central to this consideration. However, the affidavit lacked specific particulars of the alleged contraventions, relying on general statements and denigration of the mother's capacity.

The contravention applications were adjourned for further submissions on the orders and the question of costs.