Naczek and Dowler

In *Naczek and Dowler*, heard by Justice Cronin, the husband applied to the court alleging the wife had contravened previous orders made on 28 November 2008. The core of the dispute concerned the wife's alleged failure to comply with a specific paragraph of those orders.

The court was required to determine whether the wife had indeed failed to comply with paragraph 6 of the 28 November 2008 orders and, if so, whether she had a reasonable excuse for that non-compliance. Further, the court had to consider the appropriate sanction under section 112AD of the *Family Law Act 1975* (Cth) for any proven contravention.

Justice Cronin found that the wife had failed to comply with paragraph 6 of the previous orders and that she did not have a reasonable excuse for this failure. Applying section 112AD of the Act, the court determined that the appropriate sanction was for the wife to enter into a bond in accordance with section 112AF. The court ordered that the wife enter into this bond by 4.00pm on 28 May 2010, with specific provisions for its execution. If the wife failed to execute the bond, the matter was to be relisted for further determination. The husband's application for costs was dismissed, and save for the orders made regarding the contravention and bond, the husband's application for contravention was also dismissed.