Giddens and Giddens

[2016] FCCA 3201

FEDERAL CIRCUIT COURT OF AUSTRALIA

GIDDENS & GIDDENS [2016] FCCA 3201

Catchwords:  
FAMILY LAW – Contempt – Flagrant challenge to the authority of the Court – mental illness and physical disabilities – custodial sentence.

Legislation:

Family Law Act1975 (Cth), ss.112AP, 112AD, 112AE, 112AF, 112AG

Cases cited:

Australasian Meat Industry Employees Union v Mudginberri Station Pty Ltd (1986) 161 CLR 98 at 107
Bande v Cade (2012) 45 Fam LR 376
Cummings & Cummings (1976) FLC 90-100
LGM v CAM (No.2) (2008) 38 Fam LR 229
McClintock v Levier (2009) 41 Fam LR 245
Sahari and Sahari (1976) FLC 90-086
Tate and Tate (No.3) (2003) FLC 93–138

Applicant: MS GIDDENS

Respondent: MR GIDDENS

File Number: WOC 1057 of 2015

Judgment of: Judge Hughes

Hearing date: 9 November 2016

Date of Last Submission: 9 November 2016

Delivered at: Canberra

Delivered on: 18 November 2016

REPRESENTATION

Counsel for the Applicant: Mr Groch

Solicitors for the Applicant: Merimbula Legal

Counsel for the Respondent: Mr Haddock

Solicitors for the Respondent: Legal Aid ACT

ORDERS

1. The respondent is found to be in contempt of order 1 of 16 February 2016 by selling the Holden (omitted) motor vehicle NSW registration number (omitted) in direct contravention of the order restraining him from doing so.

2. The respondent is committed to an immediate term of imprisonment for a period of six months, to be suspended after serving two months upon the respondent entering into a bond, self-surety in the sum of $5,000, with the condition that he be of good behaviour for a period of 12 months from the date of the bond.

3. To give effect to order 2, a warrant of commitment shall issue forthwith.

4. Otherwise, all extant applications are hereby dismissed.

AND IT IS NOTED: The Court requests that particular attention is paid to the physical and mental health needs of the respondent at the incarceration intake assessment given his history of physical and mental illness and attempted suicide.

IT IS NOTED IN CONNECTION WITH THESE ORDERS that the judgment of Judge Hughes delivered this day will for all publication and reporting purposes be referred to as Giddens & Giddens.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT CANBERRA

WOC 1057 of 2015

MS GIDDENS

Applicant

And

MR GIDDENS

Respondent

REASONS FOR JUDGMENT

Introduction

1. This is an application filed by the wife on 22 April 2016 for the husband to be dealt with for contempt of Court pursuant to section 112AP of the Family Law Act 1975.  The contempt comprises contravention of an injunctive property order and involves a flagrant challenge to the authority of the Court.

2. On 9 November 2016, upon being formally charged, the husband admitted the contempt and his counsel made submissions in mitigation of penalty.  The proceedings were then adjourned for sentencing today.

Background

1. The applicant wife is aged 38 and is a (occupation omitted).  The husband is aged 47.  He is unemployed, in receipt of a Centrelink Newstart Allowance and has applied for a Disability Support Pension.

2. The parties commenced cohabitation on (omitted)…