FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Mayer & Bernard [2023] FedCFamC2F 621
File number(s): MLC 10899 of 2016 Judgment of: JUDGE PARKER Date of judgment: 25 May 2023 Catchwords: FAMILY LAW – PARENTING – Contravention – reasonable excuse – failure of Respondent to attend hearing Legislation: Evidence Act 1995 (Cth) s 140
Family Law Act 1975 (Cth) ss 60CC, 70NAC, 70NAE, 70NAF, 70NBA, 70NEB, 70NFA, 117
Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) r 11.68
Federal Circuit and Family Court of Australia Act 2021 (Cth) s 190
Cases cited: Buljubasic & Buljubasic [1999] FamCA 474; (1999) FLC ¶92-865
Jets & Maker [2010] FamCAFC 55
Kardos & Harmon [2020] FamCA 328
Keehan & Keehan [2019] FamCAFC 250
McClintock & Levier [2009] FamCAFC 62; (2009) FLC ¶93-401
Oscar & Traynor [2008] FamCAFC 158
Pandell & Walburg (No 2) [2020] FCCA 1853
Division: Division 2 Family Law Number of paragraphs: 45 Date of last submission/s: 19 May 2023 Date of hearing: 19 May 2023 Place: Adelaide via MS Teams Counsel for the Applicant: Self Represented Counsel for the Respondent: No Appearance ORDERS
MLC 10899 of 2016 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MR MAYER
Applicant
AND: MS BERNARD
Respondent
ORDER MADE BY:
JUDGE PARKER
DATE OF ORDER:
16 MAY 2023
UPON NOTING THAT:
A.The Court finds that the Mother contravened order 4(b) of the orders of 18 April 2017, as amended by the orders of 25 July 2017, on four occasions, being 18 October 2019, 5 November 2021, 19 November 2021 and 3 December 2021.
THE COURT ORDERS THAT:
1.The Mother forthwith enrol in and complete the C Counselling Service course ‘Keeping Kids in Mind’ or such other post-separation parenting course as may be agreed between the parties and provide evidence of her completion to the Father within 48 hours of completion.
2.That the orders of 18 April 2017, as amended on 25 July 2017, be further amended as follows:
(a)All references to ‘Melbourne’ or ‘Melbourne, Victoria’ be amended to refer to ‘Queensland’.
(b)All references to Victorian school terms be amended to refer to Queensland school terms;
(c)All references to Victorian school holidays be amended to refer to Queensland school holidays;
(d)All references to ‘Melbourne Airport’ or ‘Melbourne Tullamarine Airport’ be amended to refer to ‘Region D or Brisbane Airport’; and
(e)Order 5(g)(i) be amended to provide ‘in the event the child shall be spending time with the Father in Region E, the changeover location shall be Town F Service Centre, G Street, Town F, being a location equal distance from the Mother’s residence in Suburb H, Queensland and Region E.
3.Within 60 days of the date of these orders, the Mother pay to a bank account nominated by the Father the sum of $1,208.39.
4.All extant applications are dismissed.
Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review…
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CaseChat Overview and Summary
The Court found that Ms Bernard had indeed contravened order 4(b) of the parenting orders on four separate occasions. Despite Ms Bernard's submissions, the Court was not satisfied that she had a reasonable excuse for her non-attendance. In response to the contraventions, the Court mandated Ms Bernard to complete a post-separation parenting course and provide evidence of completion to Mr Mayer. The Court also amended several aspects of the existing parenting orders, including geographical references and school terms, to better suit the current living arrangements of the parties in Queensland. Additionally, the Court ordered Ms Bernard to pay a specified sum to Mr Mayer within 60 days. All other outstanding applications were dismissed.
The Court’s decision included specific orders for the respondent to enrol and complete a parenting course and to pay a financial sum to the applicant. The amendments to the existing parenting orders ensured they reflected the current living arrangements of the parties in Queensland. The comprehensive nature of the orders demonstrates the Court’s intent to provide clear and enforceable directives for the parties moving forward.
Orders
Orders of the court
MLC 10899 of 2016
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:
MR MAYER
Applicant
AND:
MS BERNARD
Respondent
ORDER MADE BY:
JUDGE PARKER
DATE OF ORDER:
16 MAY 2023
UPON NOTING THAT:
A. The Court finds that the Mother contravened order 4(b) of the orders of 18 April 2017, as amended by the orders of 25 July 2017, on four occasions, being 18 October 2019, 5 November 2021, 19 November 2021 and 3 December 2021.
THE COURT ORDERS THAT:
1. The Mother forthwith enrol in and complete the C Counselling Service course ‘Keeping Kids in Mind’ or such other post-separation parenting course as may be agreed between the parties and provide evidence of her completion to the Father within 48 hours of completion.
2. That the orders of 18 April 2017, as amended on 25 July 2017, be further amended as follows:
(a) All references to ‘Melbourne’ or ‘Melbourne, Victoria’ be amended to refer to ‘Queensland’.
(b) All references to Victorian school terms be amended to refer to Queensland school terms;
(c) All references to Victorian school holidays be amended to refer to Queensland school holidays;
(d) All references to ‘Melbourne Airport’ or ‘Melbourne Tullamarine Airport’ be amended to refer to ‘Region D or Brisbane Airport’; and
(e) Order 5(g)(i) be amended to provide ‘in the event the child shall be spending time with the Father in Region E, the changeover location shall be Town F Service Centre, G Street, Town F, being a location equal distance from the Mother’s residence in Suburb H, Queensland and Region E.
3. Within 60 days of the date of these orders, the Mother pay to a bank account nominated by the Father the sum of $1,208.39.
4. All extant applications are dismissed.
Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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