Hatch and Vining

Case

[2019] FCCA 1705

21 June 2019


Details
AGLC Case Decision Date
Hatch and Vining [2019] FCCA 1705 [2019] FCCA 1705 21 June 2019

CaseChat Overview and Summary

In *Hatch and Vining*, heard by Judge Monahan, the dispute concerned an application by the Father alleging contravention of final parenting orders by the Mother.

The court was required to determine whether the Mother had established a reasonable excuse for contravening specific paragraphs of the final orders made on 18 August 2014, on various dates between September and December 2018.

Judge Monahan found that the Respondent Mother had indeed established a reasonable excuse for the contraventions alleged by the Applicant Father. Consequently, the court ordered that the Father's Application – Contravention filed on 4 December 2018 be adjourned for further hearing, with the purpose of considering further submissions relevant to the outcome of this decision. The substantive parenting proceedings were listed for a separate hearing on 26 June 2019.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Appeal

  • Jurisdiction

  • Procedural Fairness

  • Remedies

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Cases Citing This Decision

1

Lewis & Mitchell [2022] FedCFamC2F 771
Cases Cited

9

Statutory Material Cited

4

Caballes & Tallant [2014] FamCAFC 112
TVT & TLM [2006] FMCAfam 20
Stamp & Stamp [2014] FCCA 1269