Malcher & Malcher (No. 2)

In *Malcher & Malcher (No. 2)*, Gill J of the Family Court of Australia considered proceedings remitted from the Full Court concerning contraventions of child-related orders. The dispute involved the characterisation of these contraventions as more or less serious, the significance of multiple contraventions, and the appropriate sanctions to be imposed, including the entry into a bond by a respondent who was overseas. The court also addressed a late application for an adjournment and its impact on costs.

The primary legal issues before the court were how to assess sanctions for multiple contraventions of child-related orders, particularly when one contravention was deemed less serious. The court was required to determine the appropriate sanction for each contravention and the cumulative effect of these sanctions. A further issue was the feasibility and terms of requiring a respondent, who was currently overseas, to enter into a bond as a condition of compliance with existing orders. The court also considered the implications of a late adjournment request on an order for costs.

Gill J reasoned that while the first contravention would attract no further action, the second and third contraventions warranted a sanction. The court ordered that the respondent enter into a bond for $1,000, to be levied upon his property if he failed to comply with the terms of the bond for 18 months. These terms stipulated that he would not refuse or fail to deliver or return the children to the applicant, other than in accordance with existing court orders. The bond was to be entered into within seven days of the respondent's next entry into Australia, and the Australian Federal Police were requested to notify the Marshal of the Family Court upon his re-entry. Additionally, the respondent was ordered to pay $3,000 in costs to the applicant for costs thrown away on a previous date.