Porto and Porto (No 3)

In the matter of *Porto and Porto (No 3)*, Dessau J of the Family Court of Australia considered an application by the wife for leave to withdraw a contravention application and a separate application for contempt against the husband. The dispute concerned the husband's alleged contravention of court orders made on 25 March 2009.

The primary legal issues before the court were whether the wife should be granted leave to withdraw her contravention application and, if not, whether the husband had contravened specific orders of the court contrary to section 112AP of the *Family Law Act 1975* (Cth) and whether such contravention constituted a flagrant challenge to the authority of the court.

The court granted the wife leave to withdraw her contravention application. However, it found that the husband had contravened paragraph 3 of the court's orders of 25 March 2009, and that this contravention demonstrated a flagrant challenge to the court's authority. Consequently, the husband was sentenced to three months' imprisonment, commencing on the day of the order.