Frape-Lindstrom and Frape-Lindstrom (No. 2)
Case
•
[2007] FamCA 844
•10 August 2007
Details
AGLC
Case
Decision Date
Frape-Lindstrom and Frape-Lindstrom (No. 2) [2007] FamCA 844
[2007] FamCA 844
10 August 2007
CaseChat Overview and Summary
In *Frape-Lindstrom and Frape-Lindstrom (No. 2)*, Guest J of the Family Court of Australia considered contraventions of court orders by the husband. The wife had filed an application alleging multiple instances of the husband's contravention of existing orders.
The primary legal issue before the court was to determine whether the husband had contravened the court's orders as alleged by the wife, and if so, what penalty or orders should follow. The court was also required to consider the wife's application for contravention and the ongoing property proceedings between the parties.
Guest J found that the husband had contravened certain orders, specifically relating to events on 14 November 2006, 6 February 2007, 6 March 2007, and 20 March 2007. However, no penalty was imposed in respect to a contravention on 10 June 2006. The court imposed fines totalling $770.00 on the husband for the proven contraventions, with a payment deadline of 9 October 2007. The wife's Form 18 Application – Contravention filed on 30 March 2007 was otherwise dismissed. Furthermore, all outstanding applications concerning the property proceedings were adjourned for final determination on 10 September 2007, with directions for the filing and service of further affidavit material by 3 September 2007.
The primary legal issue before the court was to determine whether the husband had contravened the court's orders as alleged by the wife, and if so, what penalty or orders should follow. The court was also required to consider the wife's application for contravention and the ongoing property proceedings between the parties.
Guest J found that the husband had contravened certain orders, specifically relating to events on 14 November 2006, 6 February 2007, 6 March 2007, and 20 March 2007. However, no penalty was imposed in respect to a contravention on 10 June 2006. The court imposed fines totalling $770.00 on the husband for the proven contraventions, with a payment deadline of 9 October 2007. The wife's Form 18 Application – Contravention filed on 30 March 2007 was otherwise dismissed. Furthermore, all outstanding applications concerning the property proceedings were adjourned for final determination on 10 September 2007, with directions for the filing and service of further affidavit material by 3 September 2007.
Details
Key Legal Topics
Areas of Law
-
Family Law
-
Civil Procedure
Legal Concepts
-
Penalty
-
Costs
-
Remedies
-
Procedural Fairness
Actions
Download as PDF
Download as Word Document
Cases Citing This Decision
0
Cases Cited
0
Statutory Material Cited
1