NELSON & LOWRIE
Case
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[2015] FCCA 1553
•11 June 2015
Details
AGLC
Case
Decision Date
NELSON & LOWRIE [2015] FCCA 1553
[2015] FCCA 1553
11 June 2015
CaseChat Overview and Summary
In the matter of *Nelson & Lowrie*, heard by Judge Scarlett, the applicant sought to establish that the respondent had contravened certain orders made on 28 June 2013. The dispute concerned allegations of breaches of parenting orders.
The court was required to determine whether the respondent had contravened specific parenting orders, namely Order (6)(ii) and Order 17, made on 28 June 2013. The court also had to consider whether any such contravention was without reasonable excuse.
Judge Scarlett found that the respondent had contravened Order (6)(ii) on 20 April 2014 without reasonable excuse. However, the court dismissed Count 2 of the application, which alleged a contravention of Order 17 on 29 May 2014. The court then directed the parties to attend a reportable Child Dispute Conference with a Family Consultant under section 11F of the *Family Law Act 1975*. The application was adjourned under paragraph 70NEB(1)(c) of the Act to allow for the possibility of applying for a new parenting order, and was further adjourned for mention on 16 July 2015.
The court was required to determine whether the respondent had contravened specific parenting orders, namely Order (6)(ii) and Order 17, made on 28 June 2013. The court also had to consider whether any such contravention was without reasonable excuse.
Judge Scarlett found that the respondent had contravened Order (6)(ii) on 20 April 2014 without reasonable excuse. However, the court dismissed Count 2 of the application, which alleged a contravention of Order 17 on 29 May 2014. The court then directed the parties to attend a reportable Child Dispute Conference with a Family Consultant under section 11F of the *Family Law Act 1975*. The application was adjourned under paragraph 70NEB(1)(c) of the Act to allow for the possibility of applying for a new parenting order, and was further adjourned for mention on 16 July 2015.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Breach
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Jurisdiction
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Remedies
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Procedural Fairness
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Citations
NELSON & LOWRIE [2015] FCCA 1553
Most Recent Citation
STEPHENS v Commonwealth of Australia [2015] FCCA 1548
Cases Cited
0
Statutory Material Cited
3