Lynch and Anor and Sully

Case

[2015] FamCA 909

23 October 2015


Details
AGLC Case Decision Date
Lynch and Anor and Sully [2015] FamCA 909 [2015] FamCA 909 23 October 2015

CaseChat Overview and Summary

In the matter of *Lynch and Anor and Sully*, heard before Watts J, the applicants sought a finding that the respondent, Ms Sully, had contravened a court order made on 4 April 2014. The dispute concerned Ms Sully's alleged failure to comply with specific terms of that order on multiple occasions.

The central legal issue before the court was whether Ms Sully had, without reasonable excuse, contravened order 5(g) of the previously registered court order on the dates specified by the applicants. This required the court to assess the evidence presented and determine if the alleged breaches had occurred and if any excuses offered by Ms Sully were reasonable in the circumstances.

Watts J found that Ms Sully had indeed contravened order 5(g) on seven separate dates between 20 September 2014 and 30 January 2015. The judgment indicates that no reasonable excuse was accepted by the court for these contraventions. The court made a formal finding to this effect.
Details

Areas of Law

  • Civil Procedure

  • Family Law

Legal Concepts

  • Breach

  • Jurisdiction

  • Remedies

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