Pescatore and Pescatore
Case
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[2018] FamCA 461
•20 June 2018
Details
AGLC
Case
Decision Date
Pescatore and Pescatore [2018] FamCA 461
[2018] FamCA 461
20 June 2018
CaseChat Overview and Summary
In the matter of *Pescatore and Pescatore*, heard before Watts J, the dispute concerned allegations by the father that the mother had contravened existing court orders. The court was required to determine whether the mother had, without reasonable excuse, breached the orders made on 28 March 2017 on three specific dates: 8 March 2018, 16 March 2018, and 30 March 2018.
Watts J found that the mother had indeed contravened the orders on the dates in question without reasonable excuse. Consequently, the court ordered the mother to enter into a bond for a period of one year. This bond was to be without security and without surety, requiring her to be of good behaviour and to comply with the court's orders of 28 March 2017, and any subsequent variations, for the duration of the bond. The mother was also ordered to pay the father's costs of his contravention application, to be agreed or assessed on a party/party basis, with payment deferred until she received funds from the sale of the former matrimonial home.
Watts J found that the mother had indeed contravened the orders on the dates in question without reasonable excuse. Consequently, the court ordered the mother to enter into a bond for a period of one year. This bond was to be without security and without surety, requiring her to be of good behaviour and to comply with the court's orders of 28 March 2017, and any subsequent variations, for the duration of the bond. The mother was also ordered to pay the father's costs of his contravention application, to be agreed or assessed on a party/party basis, with payment deferred until she received funds from the sale of the former matrimonial home.
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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Costs
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Remedies
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Intention
Actions
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Citations
Pescatore and Pescatore [2018] FamCA 461
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