KRACH & KRACH

In the Family Court of Australia, Mr Krach (the applicant) and Ms Krach (the respondent) were involved in proceedings concerning alleged contraventions of court orders relating to children. The mother had filed an Application for Contravention on 8 April 2013, alleging that the father had contravened orders made on 13 February 2012 by failing to allow her to spend time with the children. The mother orally applied to abridge the time for the hearing of this application.

The primary legal issue before the court was whether to grant the mother's oral application to abridge time for the hearing of her contravention application filed on 8 April 2013. This application alleged 14 contraventions and had been served on the father only the day before the hearing. The father opposed the abridgement, arguing he needed time to prepare his response.

Justice Macmillan dismissed the mother's oral application to abridge time. The court reasoned that given the number of alleged contraventions, the complexity of the matter, and the long history of the proceedings, it was not satisfied that abridging time would be appropriate. Granting the application would have meant the father had only one day between service and the hearing, which was deemed insufficient for him to prepare. The court noted that the father was prepared to proceed with an earlier contravention application filed on 17 December 2012, which had also been transferred to the court and was listed for hearing that day.