FEDERAL CIRCUIT COURT OF AUSTRALIA
| RAMSAY & WADE (No.4) | [2014] FCCA 2333 |
| Catchwords: FAMILY LAW – Children – contravention of parenting orders – contravention without reasonable excuse – less serious contravention – where no court has previously made an order imposing a sanction or taking an action in respect of a contravention by the respondent – appropriate sanction – whether a bond appropriate – post-separation parenting program – whether order should be made under Family Law Act 1975 (Cth) s.70NEB(a) – purpose of applying sanctions for contravention of parenting orders – two-fold purpose – education of parties about the necessity to comply with parenting orders – indication of disapproval of contravention of orders – imposition of a bond – length of time for bond to operate – 2 years unduly harsh. |
| Legislation: Family Law Act 1975 (Cth), ss.70NEA, 70NEB, 70NEC |
| Cases cited: Elspeth & Peter; Mark & Peter and John & Peter (Penalty and Costs) [2007] FamCA 1072 McClintock & Levier [2009] FamCAFC 62; (2009) 41 Fam LR 245; FLC 93-401; 233 FLR 179 Ramsay & Wade [2014] FCCA 1431 Ramsay & Wade (No.3) [2014] FCCA 2051 Stubbs & Stubbs [2013] FamCA 427 |
| Applicant: | MS RAMSAY |
| Respondent: | MS WADE |
| File Number: | SYC 5648 of 2012 |
| Judgment of: | Judge Scarlett |
| Hearing date: | 9 October 2014 |
| Date of Last Submission: | 9 October 2014 |
| Delivered at: | Sydney |
| Delivered on: | 9 October 2014 |
REPRESENTATION
| Solicitor for the Applicant: | Mr Reeve |
| Solicitors for the Applicant: | Marsdens Law Group |
| Counsel for the Respondent: | Ms Murphy (direct brief) |
ORDERS
The Respondent Mother is required to enter into a bond under the provisions of section 70NEC of the Family Law Act, without surety or security, for a period of 12 months from today on condition that she be of good behaviour during the term of the bond.
IT IS NOTED that publication of this judgment under the pseudonym Ramsay & Wade (No.4) is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).
| FEDERAL CIRCUIT COURT AT SYDNEY |
SYC 5648 of 2012
| MS RAMSAY |
Applicant
And
| MS WADE |
Respondent
REASONS FOR JUDGMENT
I have heard submissions from Mr Reeve for the Applicant, and from Ms Murphy of Counsel for the Respondent in respect of the appropriate sanctions which should be applied in respect of six findings of contravention of parenting orders. On 8th July 2014 I found that the Respondent Mother did, on various dates between 20th February 2014 and 16th March 2014 contravene two sets of orders that were made on 19th December 2012, and varied 7th February 2013[1]. I handed down a decision on that point and granted the Mother leave to file and serve an affidavit setting out the facts upon which she sought to rely in support of any contention that she may wish to make that she had a reasonable excuse for all or any of the eight contraventions that were found.
[1] Ramsay & Wade [2014] FCCA 1431
I would note that…
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- Ramsay and Wade (No.4) [2014] FCCA 2333
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- [2014] FCCA 2333
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CaseChat Overview and Summary
The central legal issue before the Court was whether the Respondent Mother should be required to enter into a bond under section 70NEC of the *Family Law Act 1975* (Cth). This section pertains to the Court's power to order a person to enter into a bond to be of good behaviour.
The Court determined that the Respondent Mother was required to enter into such a bond. The reasoning for this decision, based on the limited text provided, appears to stem from a finding that such an order was necessary to ensure her good behaviour. The Court exercised its discretion under section 70NEC of the *Family Law Act*.
Consequently, the Court ordered the Respondent Mother to enter into a bond, without surety or security, for a period of 12 months from the date of the order, on the condition that she be of good behaviour during that term.
Orders
Orders of the court
1.
The Respondent Mother is required to enter into a bond under the provisions of section 70NEC of the Family Law Act, without surety or security, for a period of 12 months from today on condition that she be of good behaviour during the term of the bond.
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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