FAMILY COURT OF AUSTRALIA
| FORLAN & FORLAN (NO. 2) | [2017] FamCA 936 |
| FAMILY LAW – CONTRAVENTION – SANCTION – Where allegations of 46 contraventions without reasonable excuse were previously established – Consideration of sanctions under s 112AD(2) – Where it was determined that an order for imprisonment was necessary to ensure future compliance – Where the Court is satisfied that, in all the circumstances of the case, it would not be appropriate for the Court to deal with the contraventions through any other sanction – Where the respondent is sentenced to imprisonment for two months – Where the sentence is suspended on the condition that the respondent enter into a bond for two years with conditions that he be of good behaviour and comply with all orders of the Court. |
FAMILY LAW – COSTS – INDEMNITY BASIS – Where the wife sought an order that the husband pay her costs on an indemnity basis or in the event that such an order was not made, on a party and party basis – Where it was appropriate to award costs on a basis other than party and party - Where costs were ordered on a solicitor and own client basis.
| Crimes Act 1914 (Cth) s 4AA |
B & B [2004] FamCA 268
Bodilly & Hand (No. 2) [2012] FamCA 734
Cluny & Skinner(No. 2) [2017] FamCA 547
Colgate Palmolive Co and Another v Cussons Pty Ltd (1993) 118 ALR 248
Dobbs & Brayson (2007) FLC 93-346
Malcher & Malcher [2016] FLC 93-740
Stephens & Stephens and Anor (Enforcement) (Costs)(2010) 44 Fam LR 117
| APPLICANT: | Ms Forlan |
| RESPONDENT: | Mr Forlan |
FILE NUMBER: | ADC | 1582 | of | 2015 |
| DATE DELIVERED: | 20 November 2017 |
| PLACE DELIVERED: | Sydney |
| PLACE HEARD: | Sydney |
| JUDGMENT OF: | Loughnan J |
| HEARING DATE: | 11 October 2017 |
REPRESENTATION
| COUNSEL FOR APPLICANT: | Ms Lewis |
SOLICITOR FOR APPLICANT: | Black and Wood Divorce & Family Lawyers |
| RESPONDENT: | In Person |
Orders
The proceedings are listed for the making of final orders in the Contravention proceedings on 30 November 2017 at 10.30 am Central Daylight Time.
Those proceedings will be conducted by video link and the husband shall attend personally at the Adelaide Registry of this Court on the adjourned date and shall remain there until released by the Court.
The husband shall pay the costs of the wife of and incidental to these proceedings on a solicitor and own client basis with the quantum of the costs to be as agreed or as assessed. Subject to the assessment processes, those costs shall be paid within 14 days after the conclusion of the property settlement proceedings between the parties.
Note: The form of the order is subject to the entry of the order in the Court’s records.
IT IS NOTED that publication of this judgment by this Court under the pseudonym Forlan & Forlan (No. 2) has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
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- AGLC
- Forlan and Forlan (No. 2) [2017] FamCA 936
- Case
- [2017] FamCA 936
- Decision Date
CaseChat Overview and Summary
The court was required to determine the appropriate course of action regarding the contravention proceedings and to make final orders in relation to the property settlement between the parties. This included addressing the husband's attendance at court and the allocation of costs associated with the proceedings.
Loughnan J ordered that the contravention proceedings be listed for the making of final orders on 30 November 2017. The husband was directed to attend personally at the Adelaide Registry of the Court via video link and remain until released by the Court. Furthermore, the husband was ordered to pay the wife's costs of and incidental to these proceedings on a solicitor and own client basis, with the quantum to be agreed or assessed and paid within 14 days after the conclusion of the property settlement proceedings.
Orders
Orders of the court
1.
The proceedings are listed for the making of final orders in the Contravention proceedings on 30 November 2017 at 10.30 am Central Daylight Time.
2.
Those proceedings will be conducted by video link and the husband shall attend personally at the Adelaide Registry of this Court on the adjourned date and shall remain there until released by the Court.
3.
The husband shall pay the costs of the wife of and incidental to these proceedings on a solicitor and own client basis with the quantum of the costs to be as agreed or as assessed. Subject to the assessment processes, those costs shall be paid within 14 days after the conclusion of the property settlement proceedings between the parties.
Note: The form of the order is subject to the entry of the order in the Court’s records.
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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