CROWE & HOWELL
Case
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[2015] FCCA 283
•13 February 2015
Details
AGLC
Case
Decision Date
Crowe and Howell [2015] FCCA 283
[2015] FCCA 283
13 February 2015
CaseChat Overview and Summary
In the matter of *Crowe & Howell*, heard before Judge Neville, the dispute concerned parenting arrangements and contravention of court orders. The proceedings involved allegations of the Mother contravening previous parenting orders and applications for injunctive relief and penalties.
The court was required to determine whether the Mother had contravened specific orders made under the *Family Law Act 1975* (Cth). Additionally, the court considered the appropriate response to such contraventions, including the imposition of penalties and the necessity of injunctive orders to protect the Father and his current wife from the Mother's conduct. The court also had to assess the need for the Mother to undertake a post-separation parenting course.
Judge Neville found that the Mother had contravened the parenting orders and, in exercising the court's broad powers under the *Family Law Act 1975*, ordered the Mother to undertake a post-separation parenting course and provide proof of completion to the Independent Children’s Lawyer. Furthermore, an injunction was granted under s 68B of the Act, prohibiting the Mother from assaulting, molesting, harassing, threatening, or otherwise interfering with the Father and his wife. The Mother was also fined $1,400.00 pursuant to s 70NFB(2)(b) of the Act for her contraventions. Finally, the Mother was ordered to pay the Father's costs in the amount of $5,000.00.
The court was required to determine whether the Mother had contravened specific orders made under the *Family Law Act 1975* (Cth). Additionally, the court considered the appropriate response to such contraventions, including the imposition of penalties and the necessity of injunctive orders to protect the Father and his current wife from the Mother's conduct. The court also had to assess the need for the Mother to undertake a post-separation parenting course.
Judge Neville found that the Mother had contravened the parenting orders and, in exercising the court's broad powers under the *Family Law Act 1975*, ordered the Mother to undertake a post-separation parenting course and provide proof of completion to the Independent Children’s Lawyer. Furthermore, an injunction was granted under s 68B of the Act, prohibiting the Mother from assaulting, molesting, harassing, threatening, or otherwise interfering with the Father and his wife. The Mother was also fined $1,400.00 pursuant to s 70NFB(2)(b) of the Act for her contraventions. Finally, the Mother was ordered to pay the Father's costs in the amount of $5,000.00.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Injunction
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Costs
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Penalty
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Procedural Fairness
Actions
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Citations
Crowe and Howell [2015] FCCA 283
Cases Citing This Decision
0
Cases Cited
4
Statutory Material Cited
2
Elspeth & Peter; Mark & Peter; and John & Peter
[2007] FamCA 655
NP & AP (No. 2)
[2006] FamCA 869
Elspeth & Peter; Mark & Peter; and John & Peter
[2007] FamCA 655