DARLEY & DARLEY
Case
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[2019] FamCA 206
•5 April 2019
Details
AGLC
Case
Decision Date
DARLEY & DARLEY [2019] FamCA 206
[2019] FamCA 206
5 April 2019
CaseChat Overview and Summary
In the matter of *Darley & Darley*, the applicant alleged that the respondent had contravened court orders on ten occasions without reasonable excuse. The proceedings were heard by Carew J.
The primary legal issues before the court were whether the applicant had established a prima facie case for each of the alleged contraventions, and if so, what sanctions, if any, should be imposed. The court was also required to consider the applicant's history of filing multiple contravention applications and whether a vexatious proceeding order should be made against her.
Carew J found that the evidence did not establish a prima facie case for four of the alleged contraventions. One contravention was found to be proved, but no sanction was imposed. The remaining five alleged contraventions were dismissed. The court noted that the applicant had filed three previous applications alleging 67 contraventions, of which only two had been proved. Consequently, the applicant was required to show cause as to why an order should not be made against her for conducting vexatious proceedings. The applicant was also ordered to pay the costs of the independent children’s lawyer in the sum of $1,528 within 30 days.
The primary legal issues before the court were whether the applicant had established a prima facie case for each of the alleged contraventions, and if so, what sanctions, if any, should be imposed. The court was also required to consider the applicant's history of filing multiple contravention applications and whether a vexatious proceeding order should be made against her.
Carew J found that the evidence did not establish a prima facie case for four of the alleged contraventions. One contravention was found to be proved, but no sanction was imposed. The remaining five alleged contraventions were dismissed. The court noted that the applicant had filed three previous applications alleging 67 contraventions, of which only two had been proved. Consequently, the applicant was required to show cause as to why an order should not be made against her for conducting vexatious proceedings. The applicant was also ordered to pay the costs of the independent children’s lawyer in the sum of $1,528 within 30 days.
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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Appeal
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Costs
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Procedural Fairness
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Remedies
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Abuse of Process
Actions
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Citations
DARLEY & DARLEY [2019] FamCA 206
Cases Citing This Decision
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Cases Cited
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Statutory Material Cited
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