COLLINS & RICARDO

In *Collins & Ricardo*, the Federal Circuit Court of Australia considered contravention proceedings brought by the father against the mother. The Court had previously found that the mother had contravened court orders without reasonable excuse in relation to three specific allegations. The mother did not appear at the hearing, but the Court was satisfied it was appropriate to proceed in her absence. The Court found the mother's conduct demonstrated a serious disregard for her obligations under the orders.

The primary legal issues before the Court were the appropriate sanctions to impose for the mother's contraventions, and whether to make orders for costs or refer the matter for investigation of perjury. The father sought imprisonment and a fine for the mother, as well as compensation for his expenses and costs. The Court was required to determine which sanctions were available under the *Family Law Act 1975* (Cth) and whether they were warranted in the circumstances.

Loughnan J reasoned that imprisonment was not an available sanction under Subdivision E of the *Family Law Act 1975* (Cth), which governs remedies for contravention of parenting orders. Similarly, a fine was only available if the mother failed to enter into a bond without reasonable excuse. The Court determined that a bond was an appropriate sanction. The proceedings were adjourned to allow for the mother to be ordered to enter into a bond, requiring her to be of good behaviour and comply with all court orders, with a forfeiture of $2,000 to the Commonwealth upon breach. The mother was also ordered to pay the father $4,005 for expenses incurred due to her contraventions. The Court found no basis for referring the matter for perjury and dismissed the father's applications for costs, noting his limited success in the contravention allegations.