Dickens and Dickens and Anor (No 2)

Case

[2014] FamCA 1227

20 May 2014


Details
AGLC Case Decision Date
Dickens and Dickens and Anor (No 2) [2014] FamCA 1227 [2014] FamCA 1227 20 May 2014

CaseChat Overview and Summary

In *Dickens and Dickens and Anor (No 2)*, Johnston J of the Federal Circuit Court of Australia considered allegations of contravention of court orders made on 20 December 2011. The proceedings involved the father alleging contraventions by the mother, and also alleged contraventions by Mr D.

The court was required to determine whether the mother had contravened specific orders of the Federal Magistrates Court on 5 April 2012 and 3 May 2013, and whether the father's application for contravention concerning an alleged breach on 1 June 2012 should be dismissed. Additionally, the court addressed the progress of contempt proceedings against Mr D, including the father's obligations regarding the affidavits he intended to rely upon.

Johnston J found that the mother had contravened orders 4 and 8 of the Federal Magistrates Court's orders of 20 December 2011 on the specified dates, admitting this without reasonable excuse. However, the father's application for contravention regarding the alleged breach on 1 June 2012 was dismissed. The court also noted that the proceedings against the mother had been unduly protracted by the father's self-represented cross-examination, and that contempt proceedings against Mr D were adjourned for further hearing. The father was ordered to provide written notification of the specific paragraphs of affidavits he intended to rely on for the contempt allegations.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Appeal

  • Breach

  • Costs

  • Remedies

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