Pickering and Pickering (No 3)

Case

[2011] FamCA 513

22 June 2011


Details
AGLC Case Decision Date
Pickering and Pickering (No 3) [2011] FamCA 513 [2011] FamCA 513 22 June 2011

CaseChat Overview and Summary

In the matter of *Pickering and Pickering (No 3)*, Dawe J considered a contravention application filed by the father against the mother. The mother sought to have the father's application dismissed, initially citing a typographical error in the supporting affidavit. The father's application alleged seven counts of contravention by the mother in relation to previous court orders concerning their children.

The court was required to determine whether the mother had contravened the existing orders, and if so, whether she had established a reasonable excuse for any such contraventions. Specifically, the court had to consider four of the alleged contraventions, with the mother admitting to one of them. The court also had to address the mother's application to dismiss the father's application due to a perceived typographical error.

Dawe J found that the mother had established a reasonable excuse for three of the four counts considered, leading to the dismissal of the father's application in relation to those specific counts. For one count, the court found the contravention proven but determined that the mother had not established a reasonable excuse, although no sanctions were imposed. The court also dismissed the father's application in relation to other paragraphs of a previous order. Furthermore, the court amended an existing order concerning one of the children, reflecting equal shared parental responsibility and the child's living wishes. The father also provided an undertaking not to bring further contravention proceedings concerning that child.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Remedies

  • Procedural Fairness

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