CARY & DALGARD (No.2)

Case

[2019] FCCA 2206

13 August 2019


Details
AGLC Case Decision Date
CARY & DALGARD (No.2) [2019] FCCA 2206 [2019] FCCA 2206 13 August 2019

CaseChat Overview and Summary

In *Cary & Dalgard (No.2)*, Judge Harland considered a contravention application brought by the applicant against the respondent concerning alleged breaches of financial and disclosure orders. The dispute centred on the respondent's failure to comply with various orders relating to child support payments and the disclosure of financial information.

The court was required to determine whether the respondent had contravened specific orders made on 15 February 2018, 12 April 2018, and 25 June 2018, and whether these contraventions were committed without reasonable excuse. Additionally, the court had to consider the appropriate orders to make in light of any proved contraventions, including the imposition of a bond and the payment of costs.

Judge Harland found that the respondent had contravened several of the applicant's orders without reasonable excuse, specifically relating to financial obligations and disclosure requirements. The court applied the principles of the *Family Law Act 1975* concerning contraventions and the imposition of bonds. The court ordered that counts 1, 2, 3, 4, and 6 of the contravention application be proved, while count 5 was struck out. The respondent was ordered to enter into a bond for twelve months, to be of good behaviour, comply with existing orders, and pay significant legal costs. Further orders were made regarding the respondent's ongoing obligation to inform the applicant and the Department of Human Services of any changes in employment circumstances and personal contact details until all outstanding debts were paid in full. The applicant was granted liberty to apply to restore the matter to the list in the event of any default.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Remedies

  • Procedural Fairness

  • Jurisdiction

  • Injunction

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Cases Citing This Decision

0

Cases Cited

1

Statutory Material Cited

3

Cary and Dalgard [2018] FCCA 2942