FAMILY COURT OF AUSTRALIA
| KEIGHTLEY & KEIGHTLEY (NO. 4) | [2010] FamCA 1160 |
| FAMILY LAW – ORDERS – contravention – where the parties have filed applications alleging contravention of previous orders by the other – where the alleged contraventions have been brought pursuant to Part VII Division 13A – consideration of whether contraventions have been pursued through the appropriate legislative avenue – where it was held that the contraventions could be dealt with either under Part VIIA Division 13A or Part XIIIA – whether there exists a reasonable excuse – where it was held that the father did not have a reasonable excuse – where the matter was adjourned in relation to the sanctions to be imposed |
| Family Law Act 1975 (Cth) ss 64B, 68A, 68B, 70NAC, 70NAE, 112AA, 112AB, 112AC & 114 Family Law Rules 2004 r 1.04, 1.12, 2.01, 11.10, 11.12 & 21.01 |
| Cales & Cales [2010] FamCAFC 237 Elspeth & Peter; Mark & Peter and John & Peter (Penalty & Costs) (2008) 37 FamLR 696 |
| APPLICANT: | Ms Keightley |
| RESPONDENT: | Mr Keightley |
| FILE NUMBER: | ADC | 4573 | of | 2008 |
| DATE DELIVERED: | 20 December 2010 |
| PLACE DELIVERED: | Adelaide |
| PLACE HEARD: | Adelaide |
| JUDGMENT OF: | Dawe J |
| HEARING DATE: | 6 and 7 December 2010 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | N/A |
| SOLICITOR FOR THE APPLICANT: | In Person |
| COUNSEL FOR THE RESPONDENT: | N/A |
| SOLICITOR FOR THE RESPONDENT: | In Person |
Orders
The Contravention Application filed by the father alleging contravention by the mother of paragraph 25 of the order of 7 December 2009 is dismissed.
Upon noting that the Court finds that the father contravened paragraphs 26 and 29 of the order of 7 December 2009 without reasonable excuse the applications are adjourned for submissions on the sanctions to be imposed.
The matter is therefore adjourned to 1 March 2011 at 9.15 am before the Honourable Justice Dawe.
IT IS NOTED that publication of this judgment under the pseudonym Keightley & Keightley is approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
| FAMILY COURT OF AUSTRALIA AT ADELAIDE |
FILE NUMBER: ADC 4573 of 2008
| MS KEIGHTLEY |
Applicant
And
| MR KEIGHTLEY |
Respondent
REASONS FOR JUDGMENT
Introduction
By Contravention Application filed on 5 March 2010 the mother Ms Keightley (“the mother”) made numerous allegations that the father Mr Keightley (“the father”) had contravened an order under Division 13A of Part VII of the Family Law Act 1975 (Cth) (“the Act”).
Judgment was reserved in relation to the two contraventions referred to in paragraph 15 and paragraph 17 of the Application for Contravention filed on 5 March 2010, namely that the father had contravened paragraph 26 of the order of 7 December 2009 having without reasonable excuse failed to pay the mother the amount of $3,500 and that the father had contravened paragraph 29 of the order of 7 December 2009 having without reasonable excuse failed to pay the mother the amount of $2,500. (See document 79 on the Court file).
The other alleged contraventions were dealt with at the hearing by way of ex-tempore judgment,…
Keep reading for free
Create a free CaseChat account to read Keightley and Keightley (No 4) and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2010] FamCA 1160
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the Court were whether the mother had contravened paragraph 25 of the 7 December 2009 order, and whether the father had contravened paragraphs 26 and 29 of the same order. The Court was required to determine if any contraventions had occurred and, in the case of the father, whether any such contraventions were without reasonable excuse.
Justice Dawe dismissed the father's application, finding that the mother had not contravened paragraph 25 of the order. However, the Court found that the father had contravened paragraphs 26 and 29 of the order without reasonable excuse. Consequently, the Court adjourned the applications for submissions on the sanctions to be imposed for the father's contraventions and listed the matter for further hearing.
Orders
Orders of the court
1.
The Contravention Application filed by the father alleging contravention by the mother of paragraph 25 of the order of 7 December 2009 is dismissed.
2.
Upon noting that the Court finds that the father contravened paragraphs 26 and 29 of the order of 7 December 2009 without reasonable excuse the applications are adjourned for submissions on the sanctions to be imposed.
3.
The matter is therefore adjourned to 1 March 2011 at 9.15 am before the Honourable Justice Dawe.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.