DUNLOP & DURAN

Case

[2019] FCCA 1025

30 April 2019


Details
AGLC Case Decision Date
Dunlop and Duran [2019] FCCA 1025 [2019] FCCA 1025 30 April 2019

CaseChat Overview and Summary

In the matter of *Dunlop & Duran*, Judge Obradovic of the Federal Circuit Court was required to determine whether the Respondent had contravened court orders made on 1 March 2017, and if so, whether there was a reasonable excuse for such contraventions. The Applicant alleged multiple breaches relating to the child's psychological treatment, school enrolment, and time spent with the Applicant.

The court was tasked with determining if the Respondent's actions constituted contraventions of specific orders concerning consultation, consent, and the facilitation of time between the child and the Applicant. A key element of the determination was whether any established contraventions were committed "without reasonable excuse."

Judge Obradovic found that the Respondent had, without reasonable excuse, contravened several orders. These contraventions included engaging the child in psychological treatment without the Applicant's consultation or consent, enrolling the child in a high school without the Applicant's consent, and repeatedly refusing to allow the Applicant to spend time with the child on various dates. The court's reasoning focused on the Respondent's failure to demonstrate a reasonable excuse for these actions, thereby establishing the contraventions.

Consequently, the court recorded a finding that the Respondent had contravened the orders without reasonable excuse. The matter was then listed for sentencing on 22 May 2019.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Breach

  • Consent

  • Remedies

  • Sentencing

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Cases Citing This Decision

1

Bachman & Self [2023] FedCFamC1A 50
Cases Cited

2

Statutory Material Cited

3

Taikato v The Queen [1996] HCA 28
Sathra and Sathra [2012] FamCA 112