MALCHER & MALCHER

In the matter of *Malcher & Malcher*, Johnston J considered proceedings concerning alleged contraventions of court orders by the father. The wife sought findings of contravention against the father, and the court also dealt with the release of a supplementary report from Dr A.

The primary legal issue before the court was whether the father had contravened specific orders made on 16 July 2012, and if so, whether he had a reasonable excuse for such contraventions. The court was also required to determine the appropriate orders regarding the children's time with the father, the future conduct of the proceedings, and the costs.

Johnston J noted that the father conceded a prima facie case in respect of the three alleged contraventions. The court found that the father had breached order 2.2 of the 16 July 2012 orders on three specific dates without reasonable excuse. Consequently, the requirement for the children to spend Mondays with the father pursuant to that order was suspended pending further order. The court also ordered that Dr A’s supplementary report be released to the parties and the Independent Children’s Lawyer, with restrictions on further dissemination. The proceedings were adjourned, and Johnston J recused himself from further involvement beyond the immediate contravention proceedings. Costs were reserved, and the father was released on his undertaking to appear at the adjourned hearing.