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.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Penalty

  • Costs

  • Remedies

  • Procedural Fairness

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