Marshal of Family Court of Australia and Peyton

The Marshal of the Family Court of Australia sought orders from the Court concerning the execution of existing warrants. The dispute centred on the unserved terms of imprisonment ordered by Brown J on 5 April 2002, as reflected in warrants issued on that date and subsequently on 14 July 2003.

The primary legal issue before the Court was whether to direct the Marshal to apply for a further Warrant of Commitment, and if so, to specify the terms and duration of that warrant, given that the previous warrants had not been executed and the ordered term of imprisonment had not been served.

Bryant CJ, satisfied that the prior warrants remained unexecuted and the imprisonment term unserved, directed the Marshal to apply for a new Warrant of Commitment. This new warrant was to be attached to the original orders of Brown J and the current order, and it was to remain in force until executed. The Court also directed that the preparation of these orders be expedited.