Gunby and Carrington
Case
•
[2019] FamCA 831
•27 September 2019
Details
AGLC
Case
Decision Date
Gunby and Carrington [2019] FamCA 831
[2019] FamCA 831
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.
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.
Details
Key Legal Topics
Areas of Law
-
Family Law
-
Civil Procedure
Legal Concepts
-
Breach
-
Remedies
-
Jurisdiction
-
Procedural Fairness
Actions
Download as PDF
Download as Word Document
Citations
Gunby and Carrington [2019] FamCA 831
Cases Citing This Decision
0
Cases Cited
1
Statutory Material Cited
2
Elspeth & Peter; Mark & Peter; and John & Peter
[2007] FamCA 655