Deniz and Yilmaz

Case

[2019] FamCA 817

15 October 2019


Details
AGLC Case Decision Date
Deniz and Yilmaz [2019] FamCA 817 [2019] FamCA 817 15 October 2019

CaseChat Overview and Summary

In *Deniz and Yilmaz*, heard by Hannam J, the applicants alleged contraventions of a court order by the respondent on 14 January 2019, 25 January 2019, and 29 March 2019. The respondent did not present a reasonable excuse for these alleged contraventions.

The primary legal issue before the court was to determine whether the contraventions as alleged by the applicants were proven and if the respondent had a reasonable excuse for them. The court was also required to consider the applicants' subsequent request to vary the contravened order and for the respondent to enter into a bond.

Hannam J found that the contraventions on the specified dates were proven and that the respondent had no reasonable excuse. The court noted that the applicants intended to seek orders varying the contravened order and requiring the respondent to enter into a bond. Consequently, the court listed proceedings for penalty and variation of the contravened order for hearing on 21 November 2019, requiring the respondent mother to attend. The applicants were directed to file a Minute of Order detailing the variations sought, with any further initiating application to be filed by 15 November 2019. The court also requested the reappointment of the Independent Children’s Lawyer, Ms Stanford, given the potential for substantial variation of the contravened order.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Appeal

  • Breach

  • Penalty

  • Remedies

  • Procedural Fairness

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