Farquar and Farquar - [2008] FamCA 523

FAMILY COURT OF AUSTRALIA

FARQUAR & FARQUAR

[2008] FamCA 523

FAMILY LAW – ORDERS – Contravention – mother pleaded guilty to 18 counts of alleged contraventions – mother acknowledged had no reasonable excuse – 17 contraventions of order requiring parties to deliver children to school on time – penalty – bond not appropriate – satisfied beyond reasonable doubt contraventions were without reasonable excuse and of a serious nature – mother fined 20 penalty units ($2,200)

Family Law Act 1975 (Cth) ss 70NFB(2)(d)

Crimes Act 1914 (Cth) s 4AA

Dobbs & Brayson [2007] FamCA 1261

APPLICANT:

Mr Farquar

RESPONDENT:

Ms Farquar

FILE NUMBER:

DNC

431

2007

DATE DELIVERED:

6 JUNE 2008

PLACE DELIVERED:

Adelaide

PLACE HEARD:

Adelaide

JUDGMENT OF:

BURR J

HEARING DATE:

6 JUNE 2008

REPRESENTATION

COUNSEL FOR THE APPLICANT:

Not applicable

SOLICITOR FOR THE APPLICANT:

Litigant in person

COUNSEL FOR THE RESPONDENT:

David Charles Story

SOLICITOR FOR THE RESPONDENT:

David Charles Story

Orders

UPON NOTING:-
(a) that the father seeks to withdraw the alleged contravention of 24 July 2007; and

(b)the mother’s admission that without reasonable excuse she contravened each of the remaining 18 counts

UPON THE COURT FINDING that the mother has contravened all remaining 18 counts of alleged contravention of Orders made in this Court on 19 June 2000 as set out in the father’s Application for Contravention filed herein on 27 September 2007

IT IS ORDERED:-

That on the father’s own application, the alleged contravention of 24 July 2007 is dismissed.
On or before 4.00 pm on Friday 5 September 2008 the mother must pay to the Registry Manager of the Darwin Registry of this Court a fine of TWO THOUSAND TWO HUNDRED DOLLARS [$2,200.00].

AND UPON NOTING that the trial of these proceedings is listed before the Honourable Justice Strickland at 10.00 am on Thursday 12 June 2008 IT IS FURTHER ORDERED:-

That the father’s oral application for costs in relation to the Application for Contravention filed by him on 27 September 2007 is adjourned for mention before the Honourable Justice Strickland at 10.00 am on Thursday 12 June 2008 in order for his Honour to determine whether or not he is in a position to resolve that issue or whether it is a matter to be listed for hearing before the Honourable Justice Burr on a date and at a time to be fixed.
That the father do all things reasonably possible to file and serve on or before 10.00 am on Thursday 12 June 2008 an affidavit detailing the expenses incurred by him in the pursuit of his aforesaid Application for Contravention UPON NOTING that the father may have difficulty in securing from his employer the material necessary to be annexed to his affidavit.

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

FAMILY COURT OF AUSTRALIA AT ADELAIDE

FILE NUMBER: DNC 431 of 2007

MR FARQUAR

Applicant

And

MS FARQUAR

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Farquar and Farquar

Details

AGLC: Farquar and Farquar [2008] FamCA 523
Case: [2008] FamCA 523
Decision Date: 6 June 2008

CaseChat Overview and Summary

In *Farquar and Farquar*, the father sought to withdraw an allegation of contravention of court orders, while the mother admitted to contravening the remaining 18 counts. The court was required to determine whether the mother had contravened the 18 counts of alleged contravention of orders made on 19 June 2000.

The court found that the mother had contravened all 18 remaining counts of alleged contravention. The father's application to withdraw one alleged contravention was dismissed upon his own application. The mother was ordered to pay a fine of $2,200.00. The father's application for costs was adjourned for mention before Justice Strickland, and the father was ordered to file an affidavit detailing his expenses in pursuing the contravention application.

Orders

Orders of the court

UPON NOTING:-

(a) that the father seeks to withdraw the alleged contravention of 24 July 2007; and

(b) the mother’s admission that without reasonable excuse she contravened each of the remaining 18 counts

IT IS ORDERED:-

That on the father’s own application, the alleged contravention of 24 July 2007 is dismissed.

On or before 4.00 pm on Friday 5 September 2008 the mother must pay to the Registry Manager of the Darwin Registry of this Court a fine of TWO THOUSAND TWO HUNDRED DOLLARS [$2,200.00].

AND UPON NOTING that the trial of these proceedings is listed before the Honourable Justice Strickland at 10.00 am on Thursday 12 June 2008 IT IS FURTHER ORDERED:-

That the father’s oral application for costs in relation to the Application for Contravention filed by him on 27 September 2007 is adjourned for mention before the Honourable Justice Strickland at 10.00 am on Thursday 12 June 2008 in order for his Honour to determine whether or not he is in a position to resolve that issue or whether it is a matter to be listed for hearing before the Honourable Justice Burr on a date and at a time to be fixed.

That the father do all things reasonably possible to file and serve on or before 10.00 am on Thursday 12 June 2008 an affidavit detailing the expenses incurred by him in the pursuit of his aforesaid Application for Contravention UPON NOTING that the father may have difficulty in securing from his employer the material necessary to be annexed to his affidavit.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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