Moulos and Moulos (No 2)

This case concerned a contravention application brought by Ms Moulos (the applicant wife) against Mr Moulos (the respondent husband) in the Family Court of Australia. The proceedings before Watts J were for the sentencing of the husband following earlier findings that he had contravened court orders on four occasions. The wife had filed an affidavit in relation to sentencing, while the husband chose not to file any evidence.

The court was required to determine the appropriate penalty and costs for the husband's contraventions. These contraventions included failing to return a child on one occasion, failing to disclose documents, failing to pay $20 per week for petrol costs, and failing to arrange finance to settle a car loan. The court also considered the husband's conduct as a qualified and practising solicitor, and the wife's distress and the husband's lack of apology or insight into the seriousness of breaching court orders.

Watts J applied provisions of the *Family Law Act 1975* (Cth), including sections relating to less serious contraventions (Division 13A of Part VII) and penalties for contraventions (s 112AD). The court noted the Full Court's observations in *Elspeth and Peter (penalty and costs)* regarding legislative inadequacies in enforcing bonds under s 70NEB(1)(d). However, the court found that under s 112AF, a bond and the order to enter into it are considered orders for the purposes of s 112AD, allowing for penalties upon breach. The court considered the wife's submissions and the husband's conduct, including his lack of compliance and insight, in determining the sanctions.

The court ordered the husband to pay a $1,200 penalty for the breach concerning the child's return, to enter into a $5,000 bond for one year conditioned on good behaviour and compliance with court orders, and to pay $400 for petrol arrears within four weeks, with liberty to the wife to serve a third party debt notice on his employer if not paid. The husband was also ordered to pay the wife's costs of the contravention application on a party/party basis. The court explained to the husband the consequences of failing to enter into or breaching the bond, which could include fines, community service, or imprisonment.