EASTON & EASTON (No.2)

FEDERAL CIRCUIT COURT OF AUSTRALIA

EASTON & EASTON (No.2) [2015] FCCA 1834

Catchwords:
FAMILY LAW – Children – contravention – parenting orders – contravention of parenting orders – where respondent found to have contravened parenting orders without reasonable excuse on two occasions – consequential orders – less serious contravention – where no previous contraventions of primary order – parties to attend a post-separation parenting program.

FAMILY LAW – Costs – whether respondent should pay applicant’s costs – consideration of parties’ financial circumstances – where respondent in receipt of legal aid – where respondent not wholly unsuccessful – proceedings necessitated by failure to comply with previous order of the court – where respondent ordered to pay half the applicant’s costs.

Legislation:

Family Law Act 1975 (Cth), ss.70NEB, 70NEC, 117

Federal Circuit Court Rules 2001, Sch.1, Part 1

Cases cited:
Easton & Easton [2015] FCCA 1269

Applicant: MR EASTON

Respondent: MS EASTON

File Number: SYC 6515 of 2013

Judgment of: Judge Scarlett

Hearing date: 1 July 2015

Date of Last Submission: 1 July 2015

Delivered at: Sydney

Delivered on: 1 July 2015

REPRESENTATION

Solicitor for the Applicant: Mr Khedr

Solicitors for the Applicant: Cambridge Law

Solicitor for the Respondent: Ms Kaiti

Solicitors for the Respondent: CBD Legal

ORDERS

1. The Respondent and the Applicant must each attend a post-separation program nominated by the Independent Children’s Lawyer within 28 days.

2. Upon being informed of the nominated post–separation parenting program the Respondent and the Applicant must do all things necessary to enrol in the said program within a period of 28 days.

3. The Respondent is to pay one half of the Applicant’s costs and disbursements calculated according to Schedule 1 Part 1 of the Federal Circuit Court Rules 2001 fixed in the sum of $2,528.00.

4. The Respondent is allowed four (4) months to pay the costs referred to in the immediately preceding Order.

IT IS NOTED that publication of this judgment under the pseudonym Easton & Easton is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYC 6515 of 2013

MR EASTON

Applicant

And

MS EASTON

Respondent

REASONS FOR JUDGMENT

Further Proceedings

1. On 15 May 2015 the Court found that the Respondent had, without reasonable excuse, contravened the primary Orders in this matter on two separate occasions. One other count was dismissed and the Respondent was found to have established a reasonable excuse in respect of two other counts.

2. As a result, there are two matters that need to be decided. First, the Court needs to consider what orders should be made in respect of the two contraventions that have been established. Second, there is the question of costs.

An Appropriate Sanction

1. Section 70NEA of the Family Law Act 1975 (Cth) provides that where the Court is satisfied that a person has contravened a primary order without a reasonable excuse and no Court has previously imposed a sanction in respect of an earlier contravention of the primary order, then the Court may deal with…