Irvin & Carr

The Full Court of the Family Court of Australia heard an appeal by a mother against orders made by a Federal Magistrate concerning contraventions of parenting orders and subsequent variations to those orders. The father had alleged eight contraventions by the mother, including breaches of orders regarding the child’s living arrangements, contact, changeovers, and refraining from derogatory comments. The Federal Magistrate found five contraventions proved, imposed a bond as a sanction, and varied the parenting orders to provide for the child to live with the father and have weekly contact with the mother.

The mother’s appeal raised two primary legal issues: whether she had been denied procedural fairness during the contravention proceedings, and whether the varied parenting orders had been sought by either party. Additionally, the mother appealed an order requiring her to pay the father’s costs of the contravention application. The court was also required to consider the mother’s application to adduce further evidence in support of her appeals.

The Full Court dismissed the mother’s appeal on both grounds concerning procedural fairness and the variation of parenting orders, finding no merit in these arguments. The court also dismissed the appeal against the costs order relating to the contravention application. Applying the principles established in *CDJ v VAJ*, the court refused the mother’s application to adduce further evidence, deeming it inappropriate. Consequently, the court ordered that the mother pay the father’s costs of and incidental to both appeals, including the reserved costs of a prior hearing that could not proceed.