Hinde and Hinde

In the matter of *Hinde and Hinde*, Barry J of the Family Court of Australia considered allegations of contempt of court brought by the Applicant against the Respondent, Mr Hinde. The dispute concerned Mr Hinde's alleged contravention of orders previously made by Carmody J on 11 December 2006 and 4 March 2008, which were related to property division and disclosure obligations.

The court was required to determine whether Mr Hinde had contravened specific orders by contracting to sell property in Tasmania contrary to an earlier order, failing to maintain a property in Queensland in a fit state for sale, and refusing to disclose the combination of a safe located in Queensland. The court also had to consider the appropriate penalty for any proven contraventions, including the possibility of imprisonment.

Barry J found that Mr Hinde had indeed contravened the orders of Carmody J. The court reasoned that his actions, including selling property contrary to an order and failing to maintain another property, constituted a "flagrant challenge to the authority of the Court" and therefore amounted to contempt. Similarly, his refusal to disclose the safe combination was also found to be a flagrant challenge to the court's authority.

Consequently, Mr Hinde was sentenced to four months' imprisonment on each of the first two counts of contempt, to be served concurrently. A further one month's imprisonment was imposed, also to be served concurrently, for refusing to disclose the safe combination. However, the court provided an avenue for Mr Hinde's release after serving two months of his sentence, conditional upon his payment of the Applicant's costs and outgoings as declared by Carmody J, along with accrued interest and any additional costs. Sentencing for two other alleged breaches was adjourned for twelve months, and one count of contempt was dismissed.