Millar and Oakley (No. 4)

Case

[2018] FamCA 122

12 February 2018


Details
AGLC Case Decision Date
Millar and Oakley (No. 4) [2018] FamCA 122 [2018] FamCA 122 12 February 2018

CaseChat Overview and Summary

In *Millar and Oakley (No. 4)*, Cronin J of the Family Court of Australia considered an application for contempt of court brought by the wife against the husband. The dispute centred on the husband's alleged failure to comply with court orders made on 9 June 2017, specifically those relating to paragraphs (4) and (5) of those orders.

The primary legal issue before the court was whether the husband had been guilty of contempt of court by failing to comply with the aforementioned orders. The court was required to determine if the husband's conduct amounted to a wilful disregard or disobedience of the court's directions.

Cronin J found the husband guilty of contempt of court. In sentencing, the court imposed a six-month term of imprisonment, suspended for two years. This suspension was conditional upon the husband's compliance with all future court orders and his undertaking of all necessary actions to give effect to paragraphs (4) and (5) of the 9 June 2017 orders. The wife's application for contempt was otherwise dismissed.
Details

Areas of Law

  • Civil Procedure

  • Criminal Law

Legal Concepts

  • Sentencing

  • Remedies

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Most Recent Citation
Oakley & Millar [2019] FamCAFC 12

Cases Citing This Decision

1

Oakley & Millar [2019] FamCAFC 12
Cases Cited

1

Statutory Material Cited

1

Hearne v Street [2008] HCA 36
Hearne v Street [2008] HCA 36