Che & Don

In this matter before Hughes J, the applicant, Ms Che, sought leave to amend contempt applications filed against the first respondent, Mr Don, and the second respondent, Ms Trach. The dispute concerned the respondents' alleged failure to comply with a court order dated 19 April 2021, specifically order 3, which related to the recovery of the child, X.

The court was required to determine whether the respondents were in contempt of court by contravening order 3 of 19 April 2021, and if so, whether such contravention constituted a flagrant challenge to the authority of the court within the meaning of section 112AP(1)(b) of the Family Law Act 1975. The court also had to consider the appropriate penalty for any contempt found, including the possibility of imprisonment.

Hughes J found both Mr Don and Ms Trach to be in contempt of court for failing to comply with order 3, deeming their actions to be a flagrant challenge to the court's authority. Applying section 112AP(4) of the Family Law Act 1975, the court ordered that Mr Don be committed to immediate imprisonment for three months, suspended on the condition that he purges his contempt by providing sufficient information for the recovery of the child. Similarly, Ms Trach was committed to immediate imprisonment for seven days, also suspended on the condition that she purges her contempt by providing the necessary information. Warrants of commitment were ordered to issue forthwith for both respondents. The substantive proceedings were subsequently transferred to the Family Court of Australia at Canberra.