EHLERS & GEERING

In the Family Court of Australia, Dawe J considered a contravention application brought by the father against the mother concerning alleged breaches of court orders made on 6 October 2011. The father alleged that the mother had contravened specific paragraphs of these orders.

The court was required to determine whether the mother had contravened the orders as alleged by the father, and if so, whether she had a reasonable excuse for any such contravention. The meaning of contravention of a court order was a central issue, with the court needing to assess the mother's intent and actions in relation to the specific provisions of the existing orders.

Dawe J found that the mother had contravened paragraph 10 of the orders of 6 October 2011 without reasonable excuse, but dismissed the allegation concerning paragraph 12. The court was not satisfied that the mother had intentionally failed to comply with the order relating to paragraph 12, and therefore dismissed that part of the application. Judgment was reserved regarding the penalty for the proven contravention. Additionally, by consent, new orders were made concerning communication between the parties, limiting the husband's communication to specific issues via email and restricting the frequency, while also requiring the wife to remove any email blocking. Each party was ordered to bear their own costs.