Royston & Royston - [2023] FedCFamC1F 967

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Royston & Royston [2023] FedCFamC1F 967

File number(s): SYC 2960 of 2020

Judgment of: JARRETT J

Date of judgment: 14 November 2023

Catchwords: FAMILY LAW – CONTRAVENTION – Where nine counts alleged – Where seven counts proven without reasonable excuse – Application listed for determination of penalty

Legislation: Family Law Act 1975 (Cth) ss 70NAC, 70NAE, 70NAF, 70NDA, 70NEA, 70NEB, 70NFA, 70NFB, 121

Division: Division 1 First Instance

Number of paragraphs: 109

Date of hearing: 25 September 2023

Place: Brisbane

Counsel for the Applicant: Mr North

Solicitors for the Applicant: Brigid Justice Ltd

Solicitors for the Respondent: Litigant in person

ORDERS

SYC 2960 of 2020

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)

BETWEEN:
MS ROYSTON

Applicant

AND:
MR ROYSTON

Respondent

ORDER MADE BY:

JARRETT J

DATE OF ORDER:

14 NOVEMBER 2023

UPON THE COURT FINDING that the respondent has, without reasonable excuse, contravened the orders made under the Family Law Act 1975 (Cth) by a Deputy Registrar in the Federal Circuit and Family Court of Australia (Division 2) at Sydney on 31 October, 2022, in that:
(a)in contravention of orders 18 and 19, on 1 November, 2022 he contacted the applicant about issues not provided for pursuant to the orders;
(b)in contravention of order 20, on 24 December, 2022 he refused to facilitate a video call between the child X and the applicant;
(c)in contravention of orders 18 and 19, on 28 March, 2023 he contacted the applicant;
(d)in contravention of order 5.10.1, in early 2023 he refused to return the child X to the applicant’s care;
(e)in contravention of orders 18 and 19, on 10 April, 2022 he contacted the applicant;
(f)in contravention of order 5.2, on 14 June, 2023 he failed to return the child to the applicant’s care; and
(g)in contravention of order 5.10.2, in mid-2023 he failed to return the child to the applicant’s care.

THE COURT ORDERS THAT:
1.The application be listed for determination of penalty at 9:30am on 29 November, 2023 in the Federal Circuit and Family Court of Australia (Division 1) sitting at Parramatta.
2.Personal appearances of the parties are required on 29 November, 2023.

Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
IT IS NOTED that publication of this judgment by this Court under a pseudonym has been approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
REASONS FOR…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Royston & Royston

Details

AGLC: Royston & Royston [2023] FedCFamC1F 967
Case: [2023] FedCFamC1F 967
Decision Date: 14 November 2023

CaseChat Overview and Summary

The Federal Circuit and Family Court of Australia (Division 1) was presented with an application from Ms Royston against Mr Royston regarding contraventions of court orders made under the Family Law Act 1975 (Cth). The application was concerned with seven proven breaches of specific court orders by Mr Royston, which included contacting Ms Royston about issues not permitted under the orders, refusing to facilitate a video call between their child and Ms Royston, and failing to return the child to Ms Royston's care as required. The court was required to determine the appropriate penalties for these proven breaches.

The central legal issue before the court was whether Mr Royston had contravened the court orders without a reasonable excuse and, if so, what the appropriate penalty should be. The court considered the evidence provided, the nature of the contraventions, and the circumstances surrounding each incident. Given the seriousness and frequency of the breaches, the court found that Mr Royston had contravened the orders without reasonable excuse. The court then ordered that the matter be listed for a hearing to determine the appropriate penalty for these contraventions.

The court found that the respondent had contravened the orders without reasonable excuse and ordered that the application be listed for determination of penalty. The court emphasised the importance of adhering to court orders in family law matters and highlighted the need for personal appearances by the parties to address the contraventions. The order for the penalty hearing to be listed on 29 November 2023 at Parramatta ensures that the matter will be addressed in a timely manner, allowing the court to consider appropriate sanctions to enforce compliance with the orders.

Orders

Orders of the court

SYC 2960 of 2020

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)

BETWEEN:

MS ROYSTON

Applicant

AND:

MR ROYSTON

Respondent

ORDER MADE BY:

JARRETT J

DATE OF ORDER:

14 NOVEMBER 2023

UPON THE COURT FINDING that the respondent has, without reasonable excuse, contravened the orders made under the Family Law Act 1975 (Cth) by a Deputy Registrar in the Federal Circuit and Family Court of Australia (Division 2) at Sydney on 31 October, 2022, in that:

(a) in contravention of orders 18 and 19, on 1 November, 2022 he contacted the applicant about issues not provided for pursuant to the orders;

(b) in contravention of order 20, on 24 December, 2022 he refused to facilitate a video call between the child X and the applicant;

(d) in contravention of order 5.10.1, in early 2023 he refused to return the child X to the applicant’s care;

(e) in contravention of orders 18 and 19, on 10 April, 2022 he contacted the applicant;

(f) in contravention of order 5.2, on 14 June, 2023 he failed to return the child to the applicant’s care; and

(g) in contravention of order 5.10.2, in mid-2023 he failed to return the child to the applicant’s care.

THE COURT ORDERS THAT:

1. The application be listed for determination of penalty at 9:30am on 29 November, 2023 in the Federal Circuit and Family Court of Australia (Division 1) sitting at Parramatta.

2. Personal appearances of the parties are required on 29 November, 2023.

Note: The form of the order is subject to the entry in the Court’s records.

Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).

Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.

Background

Background to the litigation

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Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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File number(s):	SYC 2960 of 2020
Judgment of:	JARRETT J
Date of judgment:	14 November 2023
Catchwords:	FAMILY LAW – CONTRAVENTION – Where nine counts alleged – Where seven counts proven without reasonable excuse – Application listed for determination of penalty
Legislation:	Family Law Act 1975 (Cth) ss 70NAC, 70NAE, 70NAF, 70NDA, 70NEA, 70NEB, 70NFA, 70NFB, 121
Division:	Division 1 First Instance
Number of paragraphs:	109
Date of hearing:	25 September 2023
Place:	Brisbane
Counsel for the Applicant:	Mr North
Solicitors for the Applicant:	Brigid Justice Ltd
Solicitors for the Respondent:	Litigant in person

SYC 2960 of 2020
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN:	MS ROYSTON Applicant
AND:	MR ROYSTON Respondent

ORDER MADE BY:	JARRETT J
DATE OF ORDER:	14 NOVEMBER 2023