Farquar and Farquar

Case [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 of 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:-

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

  2. 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:-

  1. 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.

  2. 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

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AGLC
Farquar and Farquar [2008] FamCA 523
Case
[2008] FamCA 523
Decision Date

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

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:-

1.

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

2.

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:-

3.

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.

4.

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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