Fanning and Wilkinson (No 2)
Case
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[2009] FamCA 1322
•1 December 2009
Details
AGLC
Case
Decision Date
Fanning and Wilkinson (No 2) [2009] FamCA 1322
[2009] FamCA 1322
1 December 2009
CaseChat Overview and Summary
This decision of Faulks DCJ concerned an application by the mother alleging contravention of court orders by the father. The dispute centred on whether the father had breached specific orders made on 15 July 2009.
The court was required to determine two primary allegations of contravention. Firstly, whether the father had breached Order 20 of the previous orders, and secondly, whether he had breached Order 22 of those same orders.
Faulks DCJ found that the allegation concerning Order 20 was not made out and was therefore dismissed. However, the court found the allegation regarding Order 22 to be proved. Pursuant to the *Family Law Act 1975* (Cth), the father was ordered to enter into a bond for $500, acknowledging that this sum would be owed to the Commonwealth if he failed to comply with the conditions of the bond. These conditions stipulated that he must comply with all currently applicable orders in the matter. The bond was to be for a period of six months and could be entered into before a Registrar of the Court by 12 noon on 4 December 2009. The application was otherwise dismissed, along with all other existing applications, and the matter was removed from the pending cases list.
The court was required to determine two primary allegations of contravention. Firstly, whether the father had breached Order 20 of the previous orders, and secondly, whether he had breached Order 22 of those same orders.
Faulks DCJ found that the allegation concerning Order 20 was not made out and was therefore dismissed. However, the court found the allegation regarding Order 22 to be proved. Pursuant to the *Family Law Act 1975* (Cth), the father was ordered to enter into a bond for $500, acknowledging that this sum would be owed to the Commonwealth if he failed to comply with the conditions of the bond. These conditions stipulated that he must comply with all currently applicable orders in the matter. The bond was to be for a period of six months and could be entered into before a Registrar of the Court by 12 noon on 4 December 2009. The application was otherwise dismissed, along with all other existing applications, and the matter was removed from the pending cases list.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Breach
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Remedies
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Jurisdiction
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Procedural Fairness
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