Farouq & Ismat (No 3)

[2022] FedCFamC2F 1712

Federal Circuit and Family Court of Australia

(DIVISION 2)

Farouq & Ismat (No 3) [2022] FedCFamC2F 1712

File number(s):

PAC 1316 of 2020

Judgment of:

JUDGE MURDOCH

Date of judgment:

13 December 2022

Catchwords:

FAMILY LAW – CONTRAVENTION – three charges permitted to be relied upon by the applicant mother - whether an injunctive order pursuant to section 68B of the Act falls within the provisions of Part VII Division 13A or s 112AD of the Act – where it is found that the respondent father has contravened orders of the court without reasonable excuse on two of the charges – where it is found that it is probable that the mother herself has contravened orders and where the evidence of the applicant mother and the maternal grandmother is misleading at best – where it is found that the father contravened the order with a reasonable excuse for doing so with respect to the third charge- where it is appropriate to dismiss the Application-Contravention in the circumstances with no order as to costs.

Legislation:

Family Law Act 1975 (Cth) ss 4(b)(i), 13A, 60CA, 64B, 68B, 70NAA, 70NAC, 70NAE, 70NAF, 70NBA(1), 70NCB, 70NDB, 70NEB(1), 70NEF(2), 112AD

Cases cited:

McLintock & Levier (2009) FLC 93-401

Savage & Savage [2017] FamCA 93 at 51

Winch & Jackson [2015] FamCAFC 75

Division:

Division 2 Family Law

Number of paragraphs:

90

Date of hearing:

14 September 2022

Place:

Parramatta

Solicitor for the Applicant: 

Mr Dura of Counsel

Solicitor for the Respondent: 

Ms Giacomo of Counsel

ORDERS

PAC 1316 of 2020

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

MS ISMAT

Applicant

AND:

MR FAROUQ

Respondent

order made by:	JUDGE MURDOCH
DATE OF ORDER:	13 December 2022

THE COURT FINDS THAT:-

1.The Father contravened Order 6(b) made 16 April, 2021 at 2:30pm on 2 April 2022 with reasonable excuse.

2.The Father without reasonable excuse:-

(a)contravened Order 2(b) made 16 April 2021 at 5:00pm on 16 April 2022; and

(b)contravened Order 6 made on 10 November 2020 at 5:00pm on 8 January 2022.

THE COURT ORDERS THAT:

3.The Application-Contravention filed by the Mother on 13 May 2022 is dismissed.

4.There be no order as to costs.

Note:   The form of the order is subject to the entry in the Court’s records.

Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).

Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.

IT IS NOTED that publication of this judgment by this Court under a pseudonym Farouq & Ismat (No 3) has been approved pursuant to s 121(9)(g) of the Family Law Act 1975