Rilak and Tsocas (No 2)

In *Rilak and Tsocas (No 2)*, Rees J of the Family Court of Australia considered a contravention application brought by the mother against the father concerning alleged failures to facilitate supervised child visits. The mother alleged six contraventions, while the father denied five and admitted one, asserting he had a reasonable excuse for that admitted contravention.

The court was required to determine whether the mother had established a prima facie case for each of the alleged contraventions and, in relation to any contraventions for which a prima facie case was established, whether the father had a reasonable excuse. The court also considered the father's application for a costs order against the mother.

Rees J found that the mother was unable to establish a prima facie case in relation to four of the alleged contraventions. For the remaining two contraventions, the court determined that the father had established a reasonable excuse. Consequently, the mother's contravention application was dismissed. The court also noted that it would consider the father's application for costs, with the mother to be given time to file submissions regarding this aspect.

The orders made were that the mother's contravention application be dismissed, that the mother file and serve written submissions regarding the father's application for costs within 14 days, and that the father serve his assessment of costs on a party and party basis upon the mother forthwith.