Peake and Cousins (No. 2)

Case

[2018] FamCA 1056

12 December 2018


Details
AGLC Case Decision Date
Peake and Cousins (No. 2) [2018] FamCA 1056 [2018] FamCA 1056 12 December 2018

CaseChat Overview and Summary

In *Peake and Cousins (No. 2)*, Cronin J considered contravention applications brought by both Ms Peake (the applicant) and Mr Cousins (the respondent). Ms Peake alleged breaches of court orders by Mr Cousins, some relating to incidents from several years prior, and also raised issues of abuse of process. Mr Cousins also brought contravention allegations against Ms Peake.

The court was required to determine whether the contravention allegations brought by Ms Peake against Mr Cousins were proved, and if so, what orders should be made. It also had to consider Mr Cousins' contravention application against Ms Peake. Furthermore, the court dealt with an application for a stay of certain orders pending an appeal.

Cronin J found that two of Ms Peake's contravention allegations against Mr Cousins were proved, but dismissed them as being of minimal significance and not warranting the exercise of the court's powers under section 70NED of the *Family Law Act 1975* (Cth). The court also noted that Ms Peake had denied Mr Cousins electronic communication without reasonable excuse, leaving the children responsible for this communication. The contravention application brought by Mr Cousins against Ms Peake was dismissed. The court also addressed an application for a stay of orders made by Justice Bennett, which was granted until the determination of Ms Peake's appeal. Ultimately, most extant applications were transferred to the Federal Circuit Court.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Abuse of Process

  • Appeal

  • Breach

  • Stay of Proceedings

  • Jurisdiction

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Cases Citing This Decision

2

Mandal & Nayak (No 2) [2023] FedCFamC1F 933
Cousins & Peake (No 3) [2023] FedCFamC2F 925
Cases Cited

9

Statutory Material Cited

4

PEAKE & COUSINS [2017] FamCAFC 181
PEAKE & COUSINS [2018] FamCAFC 241
Peake and Cousins [2018] FamCA 496