Kendling and Kendling and Anor (No. 2)
Case
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[2008] FamCA 351
•21 May 2008
Details
AGLC
Case
Decision Date
Kendling and Kendling and Anor (No. 2) [2008] FamCA 351
[2008] FamCA 351
21 May 2008
CaseChat Overview and Summary
In *Kendling and Kendling and Anor (No. 2)*, Watts J of the Family Court of Australia considered applications concerning contempt of court orders. The proceedings involved the husband and a company, B Ltd, as respondents, and the wife as the applicant. The core of the dispute revolved around the husband's and B Ltd's alleged breaches of previous court orders.
The court was required to determine whether the husband and B Ltd had committed contempt of court, and if so, what penalties should be imposed. Specifically, the court had to consider contempt of orders made on 27 September 2007 and 4 July 2007. Additionally, the court needed to address the wife's costs and the potential for disciplinary action against the husband's legal representatives.
Watts J found the husband in contempt of the orders of 27 September 2007 and 4 July 2007, imposing concurrent prison sentences of four months and two months respectively, commencing immediately. The court also offered the husband a reduction in these sentences by a total of two months if he paid $133,000 to the wife's solicitors, to be held in a controlled moneys account to secure payment of the wife's costs. No penalty was imposed on B Ltd for its contempt. The court also scheduled a further hearing to allow the husband's legal representatives to make submissions regarding potential disciplinary action.
The court was required to determine whether the husband and B Ltd had committed contempt of court, and if so, what penalties should be imposed. Specifically, the court had to consider contempt of orders made on 27 September 2007 and 4 July 2007. Additionally, the court needed to address the wife's costs and the potential for disciplinary action against the husband's legal representatives.
Watts J found the husband in contempt of the orders of 27 September 2007 and 4 July 2007, imposing concurrent prison sentences of four months and two months respectively, commencing immediately. The court also offered the husband a reduction in these sentences by a total of two months if he paid $133,000 to the wife's solicitors, to be held in a controlled moneys account to secure payment of the wife's costs. No penalty was imposed on B Ltd for its contempt. The court also scheduled a further hearing to allow the husband's legal representatives to make submissions regarding potential disciplinary action.
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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Costs
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Sentencing
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Penalty
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Remedies
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Res Judicata
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Most Recent Citation
Rand and Rand [2008] FamCA 281