Gunby and Carrington - [2019] FamCA 831

FAMILY COURT OF AUSTRALIA

GUNBY & CARRINGTON

[2019] FamCA 831

FAMILY LAW – ORDERS – Contravention.

Family Law Act 1975 (Cth) div 13A of pt VII ss 69ZN, 70NAC, 70NAE, 70NAF, 70NBA, 70NEB, 70NFA(2), 70NFA(3), 70NFB, 70NFE

Family Law Rules 2004 (Cth) r 21.08

Elspeth & Peter; Mark & Peter; and John & Peter [2007] FamCA 655
McClintock & Levier (2009) FLC 93-401

APPLICANT:

Ms Gunby

RESPONDENT:

Mr Carrington

FILE NUMBER:

ADC

4119

2008

DATE DELIVERED:

27 September 2019

PLACE DELIVERED:

Adelaide

PLACE HEARD:

Adelaide

JUDGMENT OF:

Berman J

HEARING DATE:

27 September 2019

REPRESENTATION

COUNSEL FOR THE APPLICANT:

Litigant in Person

SOLICITOR FOR THE APPLICANT:

COUNSEL FOR THE RESPONDENT:

Litigant in Person

SOLICITOR FOR THE RESPONDENT:

Orders

The Court finds that Count 1 of the Contravention Application filed on 3 July 2019 is proven in that the father has contravened orders made on 4 September 2013.
On or before 4 pm on 2 October 2019 MR CARRINGTON is required to enter into a Bond for a period of twelve (12) months with the condition of the Bond being:-
(a) That he be of good behaviour during the period of the Bond;
(b) That he comply with all current and future parenting orders.
Further consideration of the proceedings generally be adjourned to 11 October 2019 at 2.15pm NOTING that the Court may be delayed in the further hearing of this matter that day.
Leave is granted for the parties to file further proceedings including any initiating application, response or application for a recovery order in respect of the child B born … 2008.

Note: The form of the order is subject to the entry of the order in the Court’s records.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Gunby & Carrington has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).

FAMILY COURT OF AUSTRALIA AT ADELAIDE

FILE NUMBER: ADC 4119 of 2008

Ms Gunby

Applicant

And

Mr Carrington

Respondent

EX TEMPORE REASONS FOR JUDGMENT

Introduction

The proceedings concern a Contravention Application filed on 3 July 2019 by Ms Gunby (“the mother”) against Mr Carrington (“the father”).
The application relates to an allegation by the mother that the father has breached parenting orders or a condition of parenting orders made on 4 September 2013. Those orders contain two components. The first is a notation that the parties agree there is not any unacceptable risk to the child, and that allegations of risk and family violence have been dealt with appropriately by other terms and conditions of the order.
The second part relates to the operative orders which provide that the parties have equal shared parental responsibility…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Gunby and Carrington

Details

AGLC: Gunby and Carrington [2019] FamCA 831
Case: [2019] FamCA 831
Decision Date: 27 September 2019

CaseChat Overview and Summary

In the matter of *Gunby and Carrington*, Berman J of the Federal Circuit Court of Australia considered an application by the mother, Ms Gunby, alleging contravention of parenting orders by the father, Mr Carrington. The dispute concerned the father's alleged failure to comply with orders made on 4 September 2013.

The primary legal issue before the Court was whether the father had contravened the existing parenting orders. The Court was required to determine if the evidence presented established, on the balance of probabilities, that the father had failed to adhere to the terms of those orders.

Berman J found that Count 1 of the Contravention Application was proven, establishing that the father had indeed contravened the parenting orders. In response, the Court ordered the father to enter into a bond for twelve months, requiring him to be of good behaviour and to comply with all current and future parenting orders. The proceedings were adjourned for further consideration, with liberty granted for the parties to file further applications concerning the child.

Orders

Orders of the court

The Court finds that Count 1 of the Contravention Application filed on 3 July 2019 is proven in that the father has contravened orders made on 4 September 2013.

On or before 4 pm on 2 October 2019 MR CARRINGTON is required to enter into a Bond for a period of twelve (12) months with the condition of the Bond being:-

(a) That he be of good behaviour during the period of the Bond;

(b) That he comply with all current and future parenting orders.

Further consideration of the proceedings generally be adjourned to 11 October 2019 at 2.15pm NOTING that the Court may be delayed in the further hearing of this matter that day.

Leave is granted for the parties to file further proceedings including any initiating application, response or application for a recovery order in respect of the child B born … 2008.

Note: The form of the order is subject to the entry of the order in the Court’s records.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.