PETERS & ORTONA

FAMILY COURT OF AUSTRALIA

PETERS & ORTONA [2015] FamCA 717

FAMILY LAW – CONTRAVENTION – Where mother alleges breaches of parenting orders by the father – Where father denies allegations – Where the mother’s evidence is insufficient to establish a prima facie case in relation to the allegations of contravention – applications dismissed

Family Law Act 1975(Cth)

APPLICANT: Ms Peters

RESPONDENT: Mr Ortona

FILE NUMBER: MLC 8590 of 2012

DATE DELIVERED: 12 May 2015

PLACE DELIVERED: Melbourne

PLACE HEARD: Melbourne

JUDGMENT OF: Benjamin J

HEARING DATE: 12 May 2015

REPRESENTATION

COUNSEL FOR THE APPLICANT:

SOLICITOR FOR THE APPLICANT: In person

COUNSEL FOR THE RESPONDENT:

SOLICITOR FOR THE RESPONDENT: In person

Orders

1. The contravention application filed 25 March 2015 (document 111) is withdrawn and dismissed.

2. The contravention application filed 23 March 2015 (document 108) is withdrawn and dismissed.

3. The mother’s contravention applications filed 2 April 2015, 13 April 2015 and 22 April 2015 (as were not withdrawn) are dismissed as being abuses of process.

4. The mother’s contempt application filed 23 March 2015 is dismissed pursuant to s 118 of the Family Law Act 1975 (Cth).

5. All other applications in a case are dismissed.

   IT IS DIRECTED

6. A copy of the reasons for these orders be taken out and placed on the court file.

   IT IS CERTIFIED

7. Pursuant to Rule 19.50 of the Family Law Rules 2004 it was reasonable to engage counsel to attend.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Peters & Ortona has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

FAMILY COURT OF AUSTRALIA AT MELBOURNE

FILE NUMBER: MLC 8590 of 2012

Ms Peters

Applicant

And

Mr Ortona

Respondent

REASONS FOR JUDGMENT

1. There are a series, quite a series, of applications; there are, in fact, a huge number of proceedings commenced by Ms Peters (‘the mother’) against Mr Ortona (‘the father’) since the orders were made by her Honour Justice Thornton on 26 February.  I asked the mother to go through those documents with me, and she tells me the following: one, that the contempt application filed 23 March 2015 relating to the independent children's lawyer has been dealt with and therefore cannot be dealt with by me; two, she does not pursue the applications for contraventions contained in the applications of 25 March 2015, (document 111) and 23 March 2015,(document 108). 

2. In the proceedings of Peters v Ortona the application for contravention filed the 25 March 2015 (document 111) is withdrawn and dismissed.  The contravention filed the 23 March 2015 is withdrawn and dismissed. 

3. The contempt application filed 23 March 2015 is in relation to the independent children's lawyer.  The Court notes the mother’s assertion that this has been dealt with at another time.  As to the following applications, in her application filed 22 April 2015 there are some eight alleged contraventions, of which contravention six, is withdrawn and dismissed.  As to contravention one the evidence is not such as…