LOWE & MALLORY

Case

[2014] FamCA 1236

29 July 2014


Details
AGLC Case Decision Date
LOWE & MALLORY [2014] FamCA 1236 [2014] FamCA 1236 29 July 2014

CaseChat Overview and Summary

In proceedings before Faulks DCJ, the applicant sought findings of contravention against the respondent concerning orders made on 24 May 2011, specifically relating to parenting arrangements. The dispute centred on allegations that the respondent had failed to comply with several of these orders.

The court was required to determine whether the respondent had contravened specific orders (Orders 1, 2, 3, 4, and 12) without reasonable excuse. A further issue was to assess the seriousness of any contraventions found and to impose appropriate penalties and costs orders if contraventions were established.

Faulks DCJ found that the respondent had contravened Orders 1, 2, 3, and 4, as well as Order 12, without reasonable excuse, noting that the contravention of Order 4 was the more serious breach. In consequence, the court ordered the respondent to attend a post-parenting course agreed upon by the parties until completion. Additionally, the respondent was to enter into a $500 bond for twelve months, conditional on compliance with parenting orders and attendance at the aforementioned course, with the bond payable upon a finding of breach. The respondent was also ordered to pay $15,000 towards the applicant's costs within six months. The matter was then re-transferred to the Federal Circuit Court for the completion of any remaining issues.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Breach

  • Penalty

  • Costs

  • Remedies

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