FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Fermikis & Fermikis (No 2) [2025] FedCFamC1F 58
File number(s): CAC 223 of 2023 Judgment of: CARTER J Date of judgment: 11 February 2025 Catchwords: FAMILY LAW - CONTRAVENTION – Sanctions – Whether the mother should be sanctioned under subdivision E or subdivision F of Division 13A Part VII of the Family Law Act 1975 (Cth) – Where each of the four counts are sanctioned under subdivision F because they occurred while the mother was already serving bonds in relation to proven contraventions in earlier proceedings – Where the mother is to attend a serious of appointments with a counsellor as a condition of four further bonds – Where the mother is to pay the father’s costs of the contravention proceedings on a party-party basis to be assessed – Where the mother is to pay the father compensation for his expenses. Legislation: Family Law Act 1975 (Cth) ss 67, 70, 117
Family Law Amendment Act 2023 (Cth)
Cases cited: Colgate-Palmolive Company v Cussons Pty Ltd (1993) 46 FCR 225
D & D (Costs) (No. 2) (2010) FLC 93-435
Kohan v Kohan (1993) FLC 92-340
Limousin & Limousin (Costs) (2007) 38 Fam LR 478
McClintock & Levier (2009) FLC 93-401
Munday v Bowman (1997) FLC 92-784
Yunghanns v Yunghanns (2000) FLC 93-029
Division: Division 1 First Instance Number of paragraphs: 47 Date of hearing: 29 January 2025 Place: Melbourne Counsel for the Applicant: Mr Whitfield Solicitor for the Applicant: Robinson + McGuinness Family Law Counsel for the Respondent: Mr Strong Solicitor for the Respondent: Legal Aid Victoria ORDERS
CAC 223 of 2023 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN: MR FERMIKIS
Applicant
AND: MS FERMIKIS
Respondent
ORDER MADE BY:
CARTER J
DATE OF ORDER:
11 FEBRUARY 2025
THE COURT ORDERS THAT:
1.By no later than 4.00 pm on 25 February 2025 the mother shall enter into the following bonds:
(a)in respect of the contravention that occurred on 11 December 2022, for a period of six months on the conditions that:
(i)the mother comply with all current and future parenting orders; and
(ii)the mother attend upon her counsellor for a minimum of six occasions, for parenting education, at the mother’s expense.
(b)in respect of the contravention that occurred on 27 December 2022 for a period of six months on the conditions that:
(i)the mother comply with all current and future parenting orders; and
(ii)the mother attend upon her counsellor for a minimum of six occasions, for parenting education, at the mother’s expense.
(c)in respect of the contravention that occurred on 28 December 2022 for a period of six months on the conditions that:
(i)the mother comply with all current and future parenting orders; and
(ii)the mother attend upon her counsellor for a minimum of six occasions, for parenting education, at the mother’s expense.
(d)in respect of the contravention that occurred on 16 January 2023 for a period of six months on the conditions that:
(i)the mother comply with all current…
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- Case
- [2025] FedCFamC1F 58
- Decision Date
CaseChat Overview and Summary
The court found that Ms Fermikis should be sanctioned under subdivision F of Division 13A Part VII of the Act as the contraventions occurred while she was already serving bonds for proven contraventions in earlier proceedings. The court ordered that Ms Fermikis enter into a series of bonds for six months each for the four counts of contravention, to be served concurrently. Each bond required her to comply with all current and future parenting orders and to attend at least six counselling sessions for parenting education, at her expense. The court also mandated that Ms Fermikis provide her counsellor with relevant court judgments before her first counselling appointment. Additionally, the court ordered Ms Fermikis to compensate Mr Fermikis for his expenses incurred during the contravention proceedings and to pay his costs of the proceedings on a party-party basis. The court dismissed Mr Fermikis’s application for indemnity costs.
The court’s reasoning focused on the need to ensure Ms Fermikis’s compliance with parenting orders and to provide her with appropriate guidance through counselling. The sanctions were intended to address her repeated non-compliance and to promote better adherence to court-ordered parenting arrangements. The court secured the compensation and costs against Ms Fermikis’s interest in the proceeds of sale of a jointly-owned property, ensuring that Mr Fermikis would be compensated for his expenses.
Orders
Orders of the court
CAC 223 of 2023
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN:
MR FERMIKIS
Applicant
AND:
MS FERMIKIS
Respondent
ORDER MADE BY:
CARTER J
DATE OF ORDER:
11 FEBRUARY 2025
THE COURT ORDERS THAT:
1. By no later than 4.00 pm on 25 February 2025 the mother shall enter into the following bonds:
(a) in respect of the contravention that occurred on 11 December 2022, for a period of six months on the conditions that:
(i) the mother comply with all current and future parenting orders; and
(ii) the mother attend upon her counsellor for a minimum of six occasions, for parenting education, at the mother’s expense.
(b) in respect of the contravention that occurred on 27 December 2022 for a period of six months on the conditions that:
(i) the mother comply with all current and future parenting orders; and
(ii) the mother attend upon her counsellor for a minimum of six occasions, for parenting education, at the mother’s expense.
(c) in respect of the contravention that occurred on 28 December 2022 for a period of six months on the conditions that:
(i) the mother comply with all current and future parenting orders; and
(ii) the mother attend upon her counsellor for a minimum of six occasions, for parenting education, at the mother’s expense.
(d) in respect of the contravention that occurred on 16 January 2023 for a period of six months on the conditions that:
(i) the mother comply with all current and future parenting orders; and
(ii) the mother attend upon her counsellor for a minimum of six occasions, for parenting education, at the mother’s expense.
with such bonds to be served concurrently and NOTING THAT a total of six counselling appointments are required.
2. Prior to the mother’s first appointment with her counsellor pursuant to the bonds she provide the counsellor with:
(a) a copy of the reasons for judgment of Gill J dated 30 September 2021;
(b) a copy of the reasons for judgment of Carter J dated 19 December 2024; and
(c) a copy of these reasons for judgment.
3. The mother make an appointment to attend the Brisbane Registry of the Federal Circuit and Family Court of Australia during Court hours no later than 25 February 2025 to enter into the bonds pursuant to Order 1 herein, with the mother to make such appointment by contacting the Registry by email.
4. The father has liberty to apply in the event the mother fails to enter the bonds pursuant to Order 1 herein.
5. The mother pay the father the sum of $1,155.81 by way of compensation pursuant to section 70NFB(2)(f) of the Family Law Act 1975 (Cth).
6. The application by the father that the mother pay indemnity costs is dismissed.
7. The mother pay the father’s costs of these contravention proceedings incurred prior to the grant of aid pursuant to the cross examination scheme as agreed and failing agreement, as assessed.
8. For the purposes of the payments pursuant to Orders 5 and 7 herein the monies payable by the mother to the father are to be secured against the mother’s interest in the proceeds of sale of the property located at K Street, Suburb L, and currently held on trust by TT Solicitors for the parties.
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).
Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
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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