Hatch and Vining

[2019] FCCA 1705

FEDERAL CIRCUIT COURT OF AUSTRALIA

HATCH & VINING [2019] FCCA 1705

Catchwords:
FAMILY LAW – Contravention application – breaches of final parenting orders – admissibility of evidence – ten counts alleged – mother admits all ten counts but argues reasonable excuse – reasonable excuse established on all counts.

Legislation:

Evidence Act 1995, ss.69, 135, 136, 140

Family Law Act 1975, ss.65DA, 70NAA, 70NAC, 70NAD, 70NAE, 70NBA, 70NCA, 70NCB
Federal Circuit Court Rules 2001, r.25B.04

Fooks v Clark (2004) 32 Fam LR 149
In the Marriage of O’Brien (1992) 16 Fam LR 723; [1993] FLC 92-397
In the Marriage of Stevenson and Hughes (1993) 16 Fam LR 443
McClintock & Levier [2009] FamCAFC 62; (2009) FLC 93-401; 41 Fam LR 245; 233 FLR 179
Stamp & Stamp [2014] FCCA 1269
TVT & TLM [2006] FMCAfam 20

Applicant: MR HATCH

Respondent: MS VINING

File Number: SYC 1825 of 2014

Judgment of: Judge Monahan

Hearing date: 14 February 2019

Date of Last Submission: 14 February 2019

Delivered at: Sydney

Delivered on: 21 June 2019

REPRESENTATION

Counsel for the Applicant: Mr Campton SC

Solicitors for the Applicant: Pryor Tzannes & Wallis

Solicitors for the Respondent: Mr Frost of Horizons Family Law Centre

ORDERS

THE COURT FINDS THAT:

1. In relation to the Application – Contravention filed by the Applicant Father on 4 December 2018,  the Respondent Mother has established a reasonable excuse for contravening the following paragraphs of the final orders dated 18 August 2014 on the following dates:

   i.Paragraph 3.2 on 22 September 2018 at 9:00am;

   ii.Paragraph 3.2 on 20 October 2018 at 9:00am;

   iii.Paragraph 3.2 on 3 November 2018 at 9:00am;

   iv.Paragraph 3.2 on 17 November 2018 at 9:00am;

   v.Paragraph 3.2 on 1 December 2018 at 9:00am;

   vi.Paragraph 4.2 on 6 October 2018 at 9:00am;

   vii.Paragraph 5 on 6 October 2018 at 9:00am;

   viii.Paragraph 8 on 19 September 2018 at 6:00pm;

   ix.Paragraph 8 on 20 September 2018 at 6:00pm; and

   x.Paragraph 8 on 21 September 2018 at 6:00pm.

AND THE COURT ORDERS THAT:

1. The Application – Contravention filed 4 December 2018 be adjourned to a date and time to be fixed for further hearing (“the hearing”). 

AND THE COURT NOTES THAT:

A.The purpose of the hearing is to consider further submissions relevant to the outcome of this decision.

B.The substantive parenting proceedings are listed before the Court in the duty list on 26 June 2019 at 9:30am.

IT IS NOTED that publication of this judgment under the pseudonym Hatch & Vining is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYC 1825 of 2014

MR HATCH

Applicant

And

MS VINING

Respondent

REASONS FOR JUDGMENT

Introduction

1. This decision arises from the filing of an Application – Contravention by MR HATCH (“the father”) against MS VINING (“the mother”).  The Application – Contravention was filed on 4 December 2018 (“the application”) and came before the Court for the first time in a duty list on 13 February 2019.

2. The relevant child of…