Ganem & Ganem (No. 2)

[2013] FamCA 257

FAMILY COURT OF AUSTRALIA

GANEM & GANEM (NO.2) [2013] FamCA 257

FAMILY LAW – CONTEMPT – Contravention of Court order  –  Where there was some evidence husband complied with orders – Where wife’s applications for contempt not established – Where wife’s applications for contempt is dismissed.

Family Law Act 1975 (Cth) ss:112AP; 112AA; 112AD
Family Law Rules 2004 r 21.08

Bande and Cade 45 FAM LR 376

In the Marriage of English (1986) FLC 91-729

In the Marriage of Tate (2002) 29 Fam LR 195
Mead v Mead [2007] HCATrans 219

Mead & Mead (2006) FLC 93-267

APPLICANT: Ms Ganem

RESPONDENT: Mr Ganem

FILE NUMBER: SYC 931 of 2012

DATE DELIVERED: 19 April 2013

PLACE DELIVERED: Sydney

PLACE HEARD: Sydney

JUDGMENT OF: Aldridge J

HEARING DATE: 12 & 21 March 2013

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Siggins

SOLICITOR FOR THE APPLICANT: Mason Mia & Associates-Solicitors & Advocates

THE RESPONDENT IN PERSON: Mr Ganem

Orders

1. That the Application for Contempt filed on 3 September 2012 is dismissed.

2. That the Application for Contempt filed on 24 January 2013 is dismissed.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Ganem & Ganem (No.2) has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

FAMILY COURT OF AUSTRALIA AT

FILE NUMBER: SYC 931 of 2012

Ms Ganem

Applicant

And

Mr Ganem

Respondent

REASONS FOR JUDGMENT

Introduction

1. This is an application by Ms Ganem (“the wife”) charging Mr Ganem (“the husband”) with contempt pursuant to section 112AP of the Family Law Act 1975. There are two applications before the Court – one filed on 3 September 2012 and one filed on 24 January 2013 making in total 33 separate allegations of contempt.

2. Section 112AP relevantly provides:

   (1) Subject to subsection (1A), this section applies to a contempt of court that:

   (a) does not constitute a contravention of an order under this Act; or

   (b) constitutes a contravention of an order under this Act and involves a flagrant challenge to the authority of the court.

   (1A) this section does not apply to a contempt that constitutes a contravention of a maintenance order if the order has been complied with before the matter of the contravention comes before the court.

   (2)  In spite of any other law, a court having jurisdiction under this Act may punish a person for contempt of that court.

   (3) The applicable Rules of Court may provide for practice and procedure as to charging with contempt and the hearing of the charge.

   (4) Where a natural person is in contempt, the court may punish the contempt by committal to prison or fine or both.

3. Subsection 112AP(9) provides:

   “order under this Act” means an order under this Act affecting children or an order under this Act within the meaning of Part XIIIA.

4. Section 112AA defines “an order under this Act” as, in part,

   An order (however described) made by the court under this Act other than…