NARRA & FARLEY

In the matter of NARRA & FARLEY, heard by Judge Scarlett, the applicant sought orders for the enforcement of previous court orders, specifically concerning child support payments and the production of financial documents. The respondent was alleged to have contravened these orders on multiple occasions.

The court was required to determine whether the respondent had contravened the orders as alleged, and if so, whether these contraventions were without reasonable excuse. Further, the court had to consider the appropriate sanctions for any proven contraventions, including whether imprisonment was warranted, and whether other paragraphs of section 112AD(2) of the *Family Law Act 1975* (Cth) were more appropriate than dealing with the matter by way of imprisonment. The court also considered the impact of delay in bringing the proceedings and the respondent's alleged methamphetamine addiction.

Judge Scarlett found that the respondent had contravened orders on three occasions: failing to produce documents on 15 October 2013, failing to file a Financial Statement on 7 October 2014, and failing to pay $8,464.46 from 5 November 2014 to 28 January 2015. The court determined that the respondent's addiction to methamphetamine did not constitute a reasonable excuse for these contraventions. While the court found the contraventions, it made no order in respect of the first contravention. For the latter two contraventions, the court ordered the respondent to enter into a 12-month bond without surety, requiring him to be of good behaviour, pay the outstanding sum of $8,464.46 at a rate of $250 per week commencing 1 January 2016, and to notify the Department of Human Services and the applicant of any change in employment. The applicant was granted liberty to apply to restore the matter to the list in the event of default.