FRANKLYN & FRANKLYN

[2019] FCCA 431

FEDERAL CIRCUIT COURT OF AUSTRALIA

FRANKLYN & FRANKLYN [2019] FCCA 431

Catchwords:
FAMILY LAW – Application-Contempt – charges not made out – application dismissed.

Cases cited:

Oakley & Millar [2019] FamCAFC 12

Kendling & Anor & Kendling (Contempt) [2008] FamCAFC 154

Applicant: MS FRANKLYN

Respondent: MR FRANKLYN

File Number: DUC 63 of 2018

Judgment of: Judge Obradovic

Hearing date: 13 August 2018

Date of Last Submission: 19 September 2018

Delivered at: Parramatta

Delivered on: 1 March 2019

REPRESENTATION

Counsel for the Applicant: Mr Gardiner

Solicitors for the Applicant: Kenny Spring Solicitors

Counsel for the Respondent: Ms Dalton

Solicitors for the Respondent: Lee Dalton & Associates

ORDERS

1. The Application-Contempt filed 3 July 2018 is dismissed.

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

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT PARRAMATTA

DUC 63 of 2018

MS FRANKLYN

Applicant

And

MR FRANKLYN

Respondent

REASONS FOR JUDGMENT

1. On 13 August 2018, the Court heard the Application – Contempt filed by the wife on 3 July 2018.

2. The wife relied on her affidavit filed in support on 3 July 2018, as well as the affidavit of Mr A in support of the application.

3. The husband, the respondent in the Application – Contempt, notwithstanding his right of silence, filed an affidavit on 25 July 2018, which was read in the proceedings.

4. Both parties were cross-examined, as was Mr A, licensed stock and station agent.

5. The husband plead not guilty to the following charges:

   a)Charge 1:

   That on 24 May 2018 in breach of Order 3(a) made on 10 May 2018, the husband failed to do all such things and sign all such documents as required by the accountant of the partnership, Accountants.

   b)Charge 2:

   That on 24 May 2018 in breach of Order 4 made on 10 May 2018, the husband failed to provide documents evidencing or tending to show:

   i)The sales of all plant, machinery, livestock, grain or wool of the partnership or in his own name in the period from 1 October 2017 to 10 May 2018; and

   ii)The current inventory of all plant, machinery, livestock, grain or wool of the partnership or in his own name in the period from 1 October 2017 to 10 May 2018.

   c)Charge 3:

   That on 10 May 2018 in breach of Order 6 made on 10 May 2018 the husband failed to pay into the joint partnership bank account any monies received prior to and since 10 May 2018 in respect of the sale of any stock, wool, grain, hay or assets of the partnership.

   d)Charge 4:

   That on 17 May 2018 in breach of Order 7 made on 10 May 2018 the husband failed to disclose to the wife the location of all livestock, grain, plant and equipment, wool or any other property which has been removed from the real property owned by the parties or each of them in the period from 1 November 2017 to 10…