KERRIGAN & RAIFFE (No.2)
Case
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[2013] FCCA 2240
•18 December 2013
Details
AGLC
Case
Decision Date
Kerrigan and RAIFFE (No.2) [2013] FCCA 2240
[2013] FCCA 2240
18 December 2013
CaseChat Overview and Summary
In *Kerrigan & Raiffe (No.2)*, Judge Cassidy of the Federal Circuit Court of Australia considered charges of contempt brought against the respondent father. The dispute concerned the father's failure to comply with court orders relating to a child.
The court was required to determine whether the respondent was in contempt of court on two separate charges, and if so, to impose an appropriate sentence. The first charge related to a failure to comply with an order dated 16 August 2013, and the second charge concerned a failure to comply with an order dated 2 October 2013.
Judge Cassidy found that the respondent was guilty of contempt beyond reasonable doubt on both charges, and that no defence had been made out. For the first charge, the court sentenced the respondent to one month's imprisonment. For the second charge, the court imposed a sentence of imprisonment to expire upon the child's return to Australia. The matter was adjourned for mention, with provisions for the father to appear by telephone if incarcerated.
The court was required to determine whether the respondent was in contempt of court on two separate charges, and if so, to impose an appropriate sentence. The first charge related to a failure to comply with an order dated 16 August 2013, and the second charge concerned a failure to comply with an order dated 2 October 2013.
Judge Cassidy found that the respondent was guilty of contempt beyond reasonable doubt on both charges, and that no defence had been made out. For the first charge, the court sentenced the respondent to one month's imprisonment. For the second charge, the court imposed a sentence of imprisonment to expire upon the child's return to Australia. The matter was adjourned for mention, with provisions for the father to appear by telephone if incarcerated.
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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Charge
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Sentencing
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Remedies
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Jurisdiction
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Cases Citing This Decision
0
Cases Cited
6
Statutory Material Cited
3
Short & Trevilian (Contempt and Contraventions)
[2008] FamCA 866
Australian Securities and Investments Commission v Michalik
[2004] NSWSC 1259
Witham v Holloway
[1995] HCA 3