FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Perica & Perica (No 4) [2023] FedCFamC2F 1670
File number(s): HBC 984 of 2021 Judgment of: JUDGE TAGLIERI Date of judgment: 20 December 2023 Catchwords: FAMILY LAW – property – contempt application – finding that respondent contravened orders of the court – finding that no flagrant challenge to the authority of the court – application dismissed Legislation: Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) div 4.2.2, r 6.17(a)(ii)
Family Law Act 1975 (Cth) ss 112AP, 112AB(a)(ii)
Cases cited: Ganem & Ganem (No 2) [2013] FamCA 257
In the Marriage of Ibbotson and Wincen (1994) 18 Fam LR 164
In the Marriage of Sahari (1976) 2 Fam LR 11,126
In the Marriage of Tate (No 3) 30 Fam LR 427
Mason& Mason [2023] FedCFamC1F 18
Oakley & Millar [2019] FamCAFC 12
Parrish & Gallejo (No 2) [2018] FCCA 2851
Perica & Perica (No 2) [2023] FedCFamC2F 1010
Pitman & Hynes [2022] FedCFamC1F 188
Stradford & Stradford [2019] FamCAFC 25
Zamir & Zamir (2022) 65 Fam LR 612
Division: Division 2 Family Law Number of paragraphs: 53 Date of last submission/s: 26 August 2023 Date of hearing: 26 July 2023 and 25 August 2023 Place: Hobart For the Applicant: In person Counsel for the Respondent: Mr McKenna Solicitor for the Respondent: Murdoch Clarke ORDERS
HBC 984 of 2021 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MR PERICA
Applicant
AND: MS PERICA
Respondent
ORDER MADE BY:
JUDGE TAGLIERI
DATE OF ORDER:
20 DECEMBER 2023
THE COURT ORDERS THAT:
1.The Contempt Application filed 25 May 2023 is dismissed.
Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
IT IS NOTED that publication of this judgment by this Court under a pseudonym has been approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
REASONS FOR JUDGMENT
Judge Taglieri
By judgment delivered 11 August 2023[1] in respect of a Contempt Application filed 25 May 2023 by the Applicant, who is the former husband of the Respondent, I determined that there was reason for the Respondent to show cause in relation to 17 alleged contraventions of various orders made by the registrars of this Court. The particulars of the alleged contraventions are the subject of the Annexure to those written reasons for judgment.
[1] Perica & Perica (No 2) [2023] FedCFamC2F 1010.
On 25 August 2023, I…
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- Perica & Perica (No 4) [2023] FedCFamC2F 1670
- Case
- [2023] FedCFamC2F 1670
- Decision Date
CaseChat Overview and Summary
The court reviewed the evidence presented, focusing on whether Ms Perica had contravened the specific court orders regarding the disclosure of information. It assessed the nature of the breach and whether it amounted to a flagrant challenge to the court's authority. The court found that while Ms Perica had indeed disclosed information in breach of the order, this did not constitute a flagrant challenge to the authority of the court. Consequently, the court dismissed the contempt application, noting the breach but deeming it insufficiently serious to warrant a finding of contempt.
In its judgment, the court emphasised the importance of compliance with court orders but also highlighted the principle that not every breach of a court order rises to the level of contempt. The dismissal of the application was based on the assessment that the breach did not undermine the authority of the court. The court's decision underscored the need for strict adherence to court orders while allowing for a nuanced approach in determining the severity of breaches.
The court's final order dismissed the contempt application filed by Mr Perica on 25 May 2023. This decision was made on 20 December 2023 by Judge Taglieri. The order reflects the court's finding that while Ms Perica breached the orders, her actions did not constitute a flagrant challenge to the authority of the court.
Orders
Orders of the court
HBC 984 of 2021
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:
MR PERICA
Applicant
AND:
MS PERICA
Respondent
ORDER MADE BY:
JUDGE TAGLIERI
DATE OF ORDER:
20 DECEMBER 2023
THE COURT ORDERS THAT:
1. The Contempt Application filed 25 May 2023 is dismissed.
Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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