COUSINS & PEAKE

Case

[2019] FamCA 94

8 February 2019


Details
AGLC Case Decision Date
COUSINS & PEAKE [2019] FamCA 94 [2019] FamCA 94 8 February 2019

CaseChat Overview and Summary

In the matter of *Cousins & Peake*, heard by Cronin J, the dispute concerned a contravention by Ms Peake of orders made under the *Family Law Act 1975* (Cth). Ms Peake had been directed to enter into a bond but declined to do so, leading to the imposition of a monetary penalty. An application for a stay of orders pending an appeal by Ms Peake was also before the court.

The court was required to determine whether Ms Peake had contravened the Family Law Act by failing to enter into the directed bond, and if so, what penalty should be applied. Additionally, the court had to consider whether there were grounds to grant a stay of the orders pending Ms Peake's appeal.

Cronin J found that Ms Peake had contravened the Act and, pursuant to s 70NEB(1)(da), imposed a fine of two penalty units. The court noted the absence of evidence or submissions justifying a stay of the orders pending appeal, and therefore dismissed the application for a stay. The payment of the penalty was stayed until 30 June 2019.
Details

Areas of Law

  • Family Law

  • Statutory Interpretation

Legal Concepts

  • Appeal

  • Penalty

  • Stay of Proceedings

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