LAWRENCE & MCCORMICK (No.2)
Case
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[2020] FCCA 2076
•30 July 2020
Details
AGLC
Case
Decision Date
Lawrence and McCormick (No.2) [2020] FCCA 2076
[2020] FCCA 2076
30 July 2020
CaseChat Overview and Summary
In *Lawrence & McCormick (No.2)*, heard by Judge Newbrun, the dispute concerned an application for contravention of court orders made on 25 March 2019. The application was heard on an undefended basis, meaning the respondent father did not appear or present a defence.
The court was required to determine whether the father had contravened specific orders relating to communication and attendance at child exchange locations. The specific orders in question were Order 5(a), 5(c), 5(d), and Order 9 of the principal orders.
The court found that the father had contravened Order 5(a) on two occasions, Order 5(c) on five occasions, Order 5(d) on one occasion, and Order 9 on one occasion. In light of these findings, the court made several orders. It varied Order 5(c) to require the father to confirm his attendance at exchanges by text or email by 9 AM on the day of the exchange, and to notify the mother of a delegated nominee if unable to attend. The court also ordered the father to provide his current contact details, attend a Parenting Orders Program, and noted that the orders could be varied or set aside under rule 16.05 of the Court's Rules if an application was made by the father within 14 days of being notified of the orders.
The court was required to determine whether the father had contravened specific orders relating to communication and attendance at child exchange locations. The specific orders in question were Order 5(a), 5(c), 5(d), and Order 9 of the principal orders.
The court found that the father had contravened Order 5(a) on two occasions, Order 5(c) on five occasions, Order 5(d) on one occasion, and Order 9 on one occasion. In light of these findings, the court made several orders. It varied Order 5(c) to require the father to confirm his attendance at exchanges by text or email by 9 AM on the day of the exchange, and to notify the mother of a delegated nominee if unable to attend. The court also ordered the father to provide his current contact details, attend a Parenting Orders Program, and noted that the orders could be varied or set aside under rule 16.05 of the Court's Rules if an application was made by the father within 14 days of being notified of the orders.
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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Remedies
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Procedural Fairness
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Jurisdiction
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