Marshal of the Family Court of Australia & Kendling

The Marshal of the Family Court of Australia brought proceedings against Penelope Kendling alleging contempt of court. The charge of contempt was made orally by Justice Cronin on 19 July 2007, for flagrantly challenging the authority of the Court.

The primary legal issue before Justice Watts was whether the Marshal should be granted leave to withdraw the contempt charge against Ms. Kendling. A secondary issue concerned the costs of the proceedings, particularly given that the Marshal was wholly unsuccessful and Ms. Kendling had made a timely concession.

Justice Watts granted the Marshal leave to withdraw the charge by consent. In relation to costs, his Honour ordered that the Marshal pay Ms. Kendling an amount representing one half of her costs from 2 August 2007 until the date of the order, on a party/party basis. This decision reflects the Marshal's unsuccessful pursuit of the contempt charge and Ms. Kendling's timely concession, while also taking into account the behaviour of a witness.