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
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
On 13 August 2018, the Court heard the Application – Contempt filed by the wife on 3 July 2018.
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.
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.
Both parties were cross-examined, as was Mr A, licensed stock and station agent.
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…
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- FRANKLYN & FRANKLYN [2019] FCCA 431
- Case
- [2019] FCCA 431
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether the charges of contempt, as laid out in the application filed on 3 July 2018, could be substantiated. The court was required to determine if the respondent's conduct met the legal threshold for contempt of court.
After considering the evidence and submissions, Judge Obradovic found that the charges of contempt were not made out. Consequently, the application was dismissed.
Orders
Orders of the court
1.
The Application-Contempt filed 3 July 2018 is dismissed.
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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