FAMILY COURT OF AUSTRALIA
| DICKENS & DICKENS & ANOR (NO 2) | [2015] FamCA 256 |
| FAMILY LAW – CONTEMPT – Contravention of Court order – Where the Court did not accept the father’s submission that the complaint amounted to a flagrant challenge to the authority of the Court – Where the Court gave leave to the father to have the complaint heard as a contravention application under Part VII of the Family Law Act 1975 (Cth) – Where the Court recorded a denial that, without reasonable excuse, the respondent had contravened an undertaking to the Court not to discipline or punish the child – Where evidence of video recordings and transcripts of police interviews were before the Court – Where the father relies almost entirely on the child’s allegations set out in that material – Where the evidence is hearsay and it cannot be tested by cross-examination – Where little weight can therefore be afforded to the hearsay material – Where the statements by the child must be regarded with caution and not supporting a finding on the balance of probabilities – Where the father failed to establish a prima facie case for a breach of the undertaking |
| Family Law Act 1975 (Cth) – s 69ZV(2), s 69ZV(3), s 112AP Evidence Act 1995 (Cth) – s 59 |
| S & R (1999) FLC 92-834 |
| APPLICANT: | Mr Dickens |
| 1ST RESPONDENT: | Ms Dickens |
| 2ND RESPONDENT: | Mr D |
| FILE NUMBER: | SYC | 739 | of | 2010 |
| DATE DELIVERED: | 17 February 2015 |
| PLACE DELIVERED: | Sydney |
| PLACE HEARD: | Sydney |
| JUDGMENT OF: | Johnston J |
| HEARING DATE: | 27 January 2015 & 17 February 2015 |
REPRESENTATION
| FOR THE APPLICANT: | Mr Dickens, father in person |
| SOLICITOR FOR THE 1ST RESPONDENT: | Ms Kensell, solicitor of Hamish Cumming Family Lawyers |
| SOLICITOR FOR THE 2ND RESPONDENT: | Mr Kertesz, solicitor of Delaneys Lawyers |
Orders
That the mother and her solicitor may be excused on the basis that if necessary Johnston J’s Associate will indicate to them that their presence at Court is required sometime later.
That all parties are given leave to inspect the documents produced on subpoena by the NSW Police identified as S41.
That Ms N may be excused.
That the father’s Amended Application Contempt filed on 12 May 2014 is dismissed.
IT IS NOTED that publication of this judgment by this Court under the pseudonym Dickens & Dickens and Anor has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
| FAMILY COURT OF AUSTRALIA AT SYDNEY |
FILE NUMBER: SYC 739 of 2010
| Mr Dickens |
Applicant
And
| Ms Dickens |
1st Respondent
And
| Mr D |
2nd Respondent
REASONS FOR JUDGMENT
These are contravention proceedings. Mr Dickens, to whom for convenience I shall refer as “the father”, filed an amended contempt application on 12 May 2014, In that application the father alleged that on 14 March 2014 Mr D, to whom I shall refer as “Mr D”, disciplined and punished the father’s son C who was born in 2003, in breach of clause…
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- Case
- [2015] FamCA 256
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the father's amended application for contempt, filed on 12 May 2014, should be dismissed. The court also considered applications for parties to be excused from attending court and for leave to inspect documents produced by the NSW Police.
Johnston J dismissed the father's amended application for contempt. The court also made orders excusing the mother and Ms N from further attendance, and granted leave for all parties to inspect documents produced on subpoena by the NSW Police.
Orders
Orders of the court
1.
That the mother and her solicitor may be excused on the basis that if necessary Johnston J’s Associate will indicate to them that their presence at Court is required sometime later.
2.
That all parties are given leave to inspect the documents produced on subpoena by the NSW Police identified as S41.
3.
That Ms N may be excused.
4.
That the father’s Amended Application Contempt filed on 12 May 2014 is dismissed.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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