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.
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
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Appeal
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Jurisdiction
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Procedural Fairness
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Remedies
Actions
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Citations
Hatch and Vining [2019] FCCA 1705
Most Recent Citation
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