CURTIS & GRANT

In the Family Court of Australia, Mr Curtis (the applicant) sought orders against Mr Grant (the respondent) for contravention of court orders made in December 2009. The proceedings were complicated by significant involvement from the Department of Human Services, which had taken matters to the Children's Court, resulting in one child being removed from the mother's care.

The primary legal issue before the court was whether to strike out the contravention application filed by the mother on 16 February 2011. The court was also required to determine the disposition of annexures to an affidavit filed by the mother on 21 June 2011.

Justice Cronin found that the material before the court did not support the contravention application. He noted that while the mother may have grounds to complain about the Department of Human Services and the Children's Court, those issues fell outside the jurisdiction of the Family Court. Given the lack of prospect of the contravention application succeeding, the court determined that striking it out was the appropriate course of action, rather than marking it as withdrawn. The court also ordered that the annexures to the affidavit filed on 21 June 2011 be returned to the mother.