Dobbs & Dobbs (No 4)

[2024] FedCFamC1F 683

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 1)

Dobbs & Dobbs (No 4) [2024] FedCFamC1F 683

File number(s):

MLC 8793 of 2015

Judgment of:

CARTER J

Date of judgment:

 15 October 2024  

Catchwords:

FAMILY LAW – CONTRAVENTION – PENALTY – Where contravention made out – Consideration of penalty –Where the applicant sought the imposition of the maximum fine of 60 penalty units – Where the respondent sought that no penalty be imposed – Where the most appropriate sanction is a fine.

Legislation:

Crimes Act 1914 (Cth) ss4AA

Family Law Act 1975 (Cth) ss 112AD, 112AG

Division:

Division 1 First Instance

Number of paragraphs:

13

Date of hearing:

14 October 2024 

Place: 

Melbourne

Solicitor for the Applicant:

Cohen Lawyers

Counsel for the Respondent:

Litigant in person

ORDERS

MLC 8793 of 2015

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)

BETWEEN:

MS DOBBS

Applicant

AND:

MR DOBBS

Respondent

ORDER MADE BY:	CARTER J
DATE OF ORDER:	15 OCTOBER 2024

THE COURT ORDERS THAT:

1.The respondent be fined $7,825.

2.The contravention application filed 22 January 2020 be otherwise dismissed.

Note:   The form of the order is subject to the entry in the Court’s records.

Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).

Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.

IT IS NOTED that publication of this judgment by this Court under a pseudonym has been approved pursuant to subsection 114Q(2) of the Family Law Act 1975 (Cth).

REASONS FOR JUDGMENT

JUSTICE CARTER

1. On 13 August 2024 I made a declaration that the respondent had without reasonable cause contravened Order 1 of the orders made by the Family Court of Australia on 15 February 2018 and that contravention continued up until 16 July 2019. The respondent had failed to execute a transfer of land in relation to a property which was to be transferred to the applicant. I adjourned the matter to 14 October 2024 for further hearing in relation to the question of penalty.

   Sanctions available for failure to comply with orders

2. Section 112AD(1) of the Family Law Act 1975 (Cth) empowers the Court to impose such sanction or sanctions contained in s 112AD(2) as the Court considers to be the most appropriate in the circumstances.

3. Section 112AD(2) provides that the available sanctions are:

   (a)to require the respondent to enter a bond;

   (b)to impose a sentence in accordance with s 112AG;

   (c)to fine a person not more than 60 penalty units; or

   (d)to impose a sentence of imprisonment.

4. Ordinarily, the purpose of a contravention is to coerce compliance with court orders.…