Lavan-Thornett and Small

In the matter of Lavan-Thornett and Small, heard before Dawe J, the dispute concerned an application alleging contravention of a primary order. The court was required to determine whether it was satisfied that a contravention had occurred and, if so, whether the respondent could prove a reasonable excuse for that contravention.

The central legal issue was the application of Subdivision D of Part 13A of the relevant legislation. Specifically, the court had to consider the conditions under which it could make orders under sections 70NDB and 70NDC, which are contingent upon a finding of contravention and the respondent's ability to establish a reasonable excuse.

Dawe J reasoned that the court's power to make orders under sections 70NDB and 70NDC arises only if it is satisfied that a contravention of the primary order has been committed and the respondent proves a reasonable excuse for that contravention. Consequently, before dismissing the application for contravention, the court must hear submissions from the parties regarding any final orders that should be made. The matter was adjourned for these submissions.