French and Winter
Case
•
[2016] FamCA 783
•15 September 2016
Details
AGLC
Case
Decision Date
French and Winter [2016] FamCA 783
[2016] FamCA 783
15 September 2016
CaseChat Overview and Summary
In the matter of *French and Winter*, Hogan J of the Federal Circuit Court of Australia considered allegations of contravention of court orders. The applicants, French and Winter, alleged that the respondent had contravened two separate orders made by Federal Magistrate Demack on 3 December 2013 and 26 April 2012 respectively.
The court was required to determine whether the respondent had contravened the order of 3 December 2013, specifically Clause 1, without reasonable excuse, pursuant to s 112AB of the *Family Law Act 1975* (Cth). Additionally, the court had to determine whether the respondent had contravened the order of 26 April 2012, on various occasions between 15 March 2014 and 29 April 2014, and between 5 August 2014 and 10 August 2014, without reasonable excuse, pursuant to s 70NAC of the *Family Law Act 1975* (Cth).
Hogan J found that the respondent had contravened both orders without reasonable excuse. The decision indicates that the respondent failed to comply with the terms of the court orders on the dates specified in the application.
The court ordered that the respondent had contravened Clause 1 of the order made on 3 December 2013, and had also contravened the order made on 26 April 2012 on the specified occasions, all without reasonable excuse. The final form of these orders was subject to their entry into the Court's records.
The court was required to determine whether the respondent had contravened the order of 3 December 2013, specifically Clause 1, without reasonable excuse, pursuant to s 112AB of the *Family Law Act 1975* (Cth). Additionally, the court had to determine whether the respondent had contravened the order of 26 April 2012, on various occasions between 15 March 2014 and 29 April 2014, and between 5 August 2014 and 10 August 2014, without reasonable excuse, pursuant to s 70NAC of the *Family Law Act 1975* (Cth).
Hogan J found that the respondent had contravened both orders without reasonable excuse. The decision indicates that the respondent failed to comply with the terms of the court orders on the dates specified in the application.
The court ordered that the respondent had contravened Clause 1 of the order made on 3 December 2013, and had also contravened the order made on 26 April 2012 on the specified occasions, all without reasonable excuse. The final form of these orders was subject to their entry into the Court's records.
Details
Key Legal Topics
Areas of Law
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Family Law
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Statutory Interpretation
Legal Concepts
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Jurisdiction
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Remedies
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Procedural Fairness
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Citations
French and Winter [2016] FamCA 783
Cases Citing This Decision
0
Cases Cited
2
Statutory Material Cited
0
WINTER & FRENCH
[2013] FamCAFC 75
Winter and French
[2014] FamCAFC 215