EASTON & EASTON (No.2)

In *Easton & Easton (No.2)*, Judge Scarlett of the Federal Circuit Court of Australia considered allegations by the Applicant that the Respondent had contravened parenting orders on two occasions without reasonable excuse. The proceedings also involved an application for costs.

The court was required to determine whether the Respondent had contravened the parenting orders as alleged and, if so, whether there was a reasonable excuse for the contravention. Additionally, the court had to consider whether the Respondent should be ordered to pay the Applicant's costs, taking into account the parties' financial circumstances and the overall conduct of the proceedings.

His Honour found that the Respondent had contravened the parenting orders on two occasions. Applying the principles for determining contraventions, and noting that this was the first instance of contravention by the Respondent, Judge Scarlett determined that the contraventions were of a less serious nature. Consequently, the court ordered both the Applicant and the Respondent to attend a post-separation parenting program nominated by the Independent Children’s Lawyer. Regarding costs, His Honour ordered the Respondent to pay one half of the Applicant’s costs and disbursements, fixed at $2,528.00, to be paid within four months, acknowledging that the proceedings were necessitated by the failure to comply with a previous court order, but also considering the Respondent's receipt of legal aid and that they were not wholly unsuccessful.