Davidson and Cox

[2015] FCCA 1908

FEDERAL CIRCUIT COURT OF AUSTRALIA

DAVIDSON & COX [2015] FCCA 1908

Catchwords:
FAMILY LAW – Contravention – whether reasonable excuse.

Legislation:  

Family Law Act 1975 (Cth), ss.60B, 65N, 70NAC, 70NAD, 70NAE, 70NAF

Childers & Leslie [2008] FamCAFC 5
In the Marriage of Gaunt (1978) FLC 90-468
O’Brien & O’Brien (1993) FLC 92-396
Stevenson & Hughes (1993) FLC 92-363
Stavros & Stavros (1984) FLC 91-562
Davidson & Cox [2014] FCCA 3147

Applicant: MR DAVIDSON

Respondent: MS COX

File Number: HBC 95 of 2013

Judgment of: Judge Baker

Hearing dates: 3 June 2015 & 12 June 2015

Date of Last Submission: 12 June 2015

Delivered at: Hobart

Delivered on: 16 June 2015

REPRESENTATION

Counsel for the Applicant: Ms Ryan

Solicitors for the Applicant: PWB Lawyers

Counsel for the Respondent: Mr Munro

Solicitors for the Respondent: John Munro & Associates

Counsel for the Independent Children’s Lawyer: Mr Fitzgerald

Solicitors for the Independent Children’s Lawyer: Fitzgerald & Browne

THE COURT FINDS THAT:

1. The Mother without reasonable excuse contravened Order 2(b) of the Orders made on 21 November 2014 and amended on 11 December 2014 on the following occasions:

   (a)9 January 2015 at 3:00 pm;

   (b)16 January 2015 at 3:00 pm;

   (c)23 January 2015 at 3:00 pm;

   (d)30 January 2015 at 3:00 pm;

2. The Mother without reasonable excuse contravened Order 4(h) of the Orders made on 18 December 2013 on the following occasions:

   (a)8 January 2015 at 6:30 pm – 7:30 pm;

   (b)13 January 2015 at 6:30 pm – 7:30 pm;

   (c)15 January 2015 at 6:30 pm – 7:30 pm;

   (d)20 January 2015 at 6:30 pm – 7:30 pm;

   (e)22 January 2015 at 6:30 pm – 7:30 pm;

   (f)27 January 2015 at 6:30 pm – 7:30 pm;

   (g)29 January 2015 at 6:30 pm – 7:30 pm.

THE COURT ORDERS THAT:

1. This matter be adjourned to 15 July 2015 at 10:00 for hearing of the Application in a Case filed by the Mother on 8 April 2015.

IT IS NOTED that publication of this judgment under the pseudonym Davidson & Cox is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL CIRCUIT COURT
OF AUSTRALIA

AT HOBART

HBC 95 of 2013

MR DAVIDSON

Applicant

And

MS COX

Respondent

REASONS FOR JUDGMENT

Revised from Transcript

1. This is a contravention application of the father of the child X, born (omitted) 2007. 

2. There are eleven allegations.  The respondent mother admitted that she has contravened the orders made on 21 November 2014 and amended on 11 December 2014, but asserted that she has a reasonable excuse in respect of each allegation.

Evidence

1. The applicant father relied on the following documents: 

   ·   His affidavit filed 2 March 2015;

   ·   affidavits of Ms J filed 5 November 2014 and 2 March 2015;

   ·   affidavit of Andrew John Munro filed 18 November 2014;

   ·   Memorandum of Family Consultant dated 17 November 2014;

   ·   Reasons for Judgment dated 21 November 2014;

   ·   written submissions;

   ·   subpoenaed documents in list of exhibits.

2. The respondent mother relied on:

   ·   her affidavit filed…