DIANI & DIANI

Case

[2010] FamCA 376

21 April 2010


Details
AGLC Case Decision Date
DIANI & DIANI [2010] FamCA 376 [2010] FamCA 376 21 April 2010

CaseChat Overview and Summary

In *Diani & Diani*, heard by Cronin J, the dispute concerned alleged contraventions of a parenting order made under Part VII of the *Family Law Act 1975* (Cth). The respondent wife conceded that she had breached the order and had no reasonable excuse for doing so.

The primary legal issue before the court was the determination of the contravention application and the appropriate orders to be made in light of the conceded breach. The court was also required to consider the transfer of outstanding parenting applications.

Cronin J found that the respondent wife had breached the parenting order without reasonable excuse, as conceded by her. The court made orders by consent of the parties regarding section 70NEB(1)(b) of the *Family Law Act 1975* (Cth) in terms of minutes provided to the court. Furthermore, all outstanding parenting applications were ordered to be transferred to the Federal Magistrates Court, and the contravention application filed on 11 January 2010 was dismissed.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Breach

  • Consent

  • Remedies

  • Appeal

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