Lagana and Lorenzo
Case
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[2014] FCCA 1618
•23 May 2014
Details
AGLC
Case
Decision Date
Lagana and Lorenzo [2014] FCCA 1618
[2014] FCCA 1618
23 May 2014
CaseChat Overview and Summary
In *Lagana and Lorenzo*, heard by Judge Scarlett, the dispute concerned allegations by the Applicant Mother that the Respondent Father had contravened several orders made on 17 September 2013 concerning the children. The specific contraventions alleged included failing to provide the children for changeover on 20 April 2014, failing to provide the Applicant with time with the children during the April school holidays, failing to deliver the children to the Applicant for her birthday, and failing to advise the Applicant of a child's hospital admission.
The court was required to determine whether the Respondent had contravened the specified orders and, if so, whether he had established a reasonable excuse for any such contraventions. The court also needed to consider the appropriate orders regarding make-up time for the children and the issue of costs.
Judge Scarlett found that the Respondent had contravened Order 8 by failing to provide the children for changeover on 20 April 2014, but that he had established a reasonable excuse for this specific contravention. However, the court determined that the Respondent had contravened Orders 2.3.1, 4, and 12 without reasonable excuse, relating to the failure to provide holiday time, time on the Applicant's birthday, and failure to notify of hospital admission, respectively. As a consequence, the Applicant Mother was to spend an additional two days with the children during the September 2014 school holidays, to be deducted from the final two days of the children's time with the Father. Both parties were also ordered to file written submissions on the issue of costs within 14 days.
The court was required to determine whether the Respondent had contravened the specified orders and, if so, whether he had established a reasonable excuse for any such contraventions. The court also needed to consider the appropriate orders regarding make-up time for the children and the issue of costs.
Judge Scarlett found that the Respondent had contravened Order 8 by failing to provide the children for changeover on 20 April 2014, but that he had established a reasonable excuse for this specific contravention. However, the court determined that the Respondent had contravened Orders 2.3.1, 4, and 12 without reasonable excuse, relating to the failure to provide holiday time, time on the Applicant's birthday, and failure to notify of hospital admission, respectively. As a consequence, the Applicant Mother was to spend an additional two days with the children during the September 2014 school holidays, to be deducted from the final two days of the children's time with the Father. Both parties were also ordered to file written submissions on the issue of costs within 14 days.
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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Breach
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Costs
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Remedies
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Procedural Fairness
Actions
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Citations
Lagana and Lorenzo [2014] FCCA 1618
Most Recent Citation
Lagana and Lorenzo (No.2) [2014] FCCA 1770
Cases Cited
0
Statutory Material Cited
2