FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Royston & Royston (No. 2) [2024] FedCFamC1F 114
File number(s): SYC 2960 of 2020 Judgment of: JUSTICE JARRETT Date of judgment: 8 March 2024 Catchwords: FAMILY LAW – CONTRAVENTION – Where nine counts alleged – Where seven counts proven without reasonable excuse – Determination of sanction Legislation: Family Law Act 1975 (Cth) ss 70NAC, 70NAE, 70NAF, 70NDA, 70NEA, 70NEB, 70NFA, 70NFB, 121
Federal Circuit and Family Court of Australia (Family Law) Rules 2021 r 10.13(1)(e)
Cases cited: Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (The Nine Brisbane Sites Appeal) [2019] FCAFC 59
Gravis & Major [2010] FamCAFC 239
McClintock & Levier (2009) 41 Fam LR 245
Pearce v R (1998) 156 ALR 684
R v Hoar (1981) 148 CLR 32
Royston & Royston [2023] FedCFamC1F 967
Saldo & Tindall [2013] FamCA 951
Tindall & Saldo [2015] FamCAFC 1
Zamir v Zamir (2023) 65 FamLR 612
Division: Division 1 First Instance Number of paragraphs: 53 Date of hearing: 29 November 2023 Place: Brisbane 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:
8 MARCH 2024
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 (“THE PRIMARY ORDER”), IN THAT:
(a)in contravention of order 20, on 24 December, 2022 he refused to facilitate a video call between the child X and the applicant (“count 2”);
(b)in contravention of orders 18 and 19, on 28 March, 2023 he contacted the applicant (“count 4”);
(c)in contravention of order 5.10.1, on 14 April, 2023 he refused to return the child X to the applicant’s care (“count 5”);
(d)in contravention of orders 18 and 19, on 10 April, 2023 he contacted the applicant (“count 6”);
(e)in contravention of order 5.2, on 14 June, 2023 he failed to return the child to the applicant’s care (“count 7”); and
(f)in contravention of order 5.10.2, on 4 July, 2023 he failed to return the child to the applicant’s care (“count 8”).
THE COURT ORDERS THAT:
1.For count 4 no sanction shall be imposed upon the respondent.
2.For count 6 the respondent shall pay the applicant’s costs of and incidental to the application for contravention filed on 6 June, 2023 and the application for contravention filed on 27 July, 2023 fixed in the sum of $12,133.00.
AND THE COURT FURTHER ORDERS THAT:
3.For the purposes of order 3 made on 25 September, 2023 the costs to be paid by the respondent to the applicant thrown away by the adjournment that day be fixed at $1,320.00.
4.Paragraph 11 of the orders of 31 October, 2022 be amended…
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CaseChat Overview and Summary
The court ordered the respondent to pay certain costs related to the contravention proceedings and adjusted the communication provisions between the parties to limit contact to specified circumstances and frequency. Additionally, the court set bonds for the respondent to adhere to specific conditions in the future, with a total duration of six months for each bond. The decision emphasised the importance of proportionality in sentencing and the need to tailor sanctions to the individual circumstances of the case. The court also noted the necessity of ensuring that any imposed sanctions would effectively deter future non-compliance without being excessively punitive.
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:
8 MARCH 2024
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 (“THE PRIMARY ORDER”), IN THAT:
(a) in contravention of order 20, on 24 December, 2022 he refused to facilitate a video call between the child X and the applicant (“count 2”);
(b) in contravention of orders 18 and 19, on 28 March, 2023 he contacted the applicant (“count 4”);
(c) in contravention of order 5.10.1, on 14 April, 2023 he refused to return the child X to the applicant’s care (“count 5”);
(d) in contravention of orders 18 and 19, on 10 April, 2023 he contacted the applicant (“count 6”);
(e) in contravention of order 5.2, on 14 June, 2023 he failed to return the child to the applicant’s care (“count 7”); and
(f) in contravention of order 5.10.2, on 4 July, 2023 he failed to return the child to the applicant’s care (“count 8”).
THE COURT ORDERS THAT:
1. For count 4 no sanction shall be imposed upon the respondent.
2. For count 6 the respondent shall pay the applicant’s costs of and incidental to the application for contravention filed on 6 June, 2023 and the application for contravention filed on 27 July, 2023 fixed in the sum of $12,133.00.
AND THE COURT FURTHER ORDERS THAT:
3. For the purposes of order 3 made on 25 September, 2023 the costs to be paid by the respondent to the applicant thrown away by the adjournment that day be fixed at $1,320.00.
4. Paragraph 11 of the orders of 31 October, 2022 be amended to read “36-38” in lieu of “40-42”.
5. Paragraphs 18 and 19 of the orders of 31 October, 2022 be discharged and substituted with a new paragraph 18 in the following terms:
18. Other than in an emergency situation or facilitating contact between X and the parents pursuant to these Orders, the parents will not communicate with each other by any means other than the Our Family Wizard application or other co‑parenting application and only communicate a maximum of once per week (Sunday to Saturday) in relation to choosing a high school for X, or advising of illness, or giving notice as required pursuant to these Orders.
6. Paragraph (a) of the orders of 14 November, 2023 be deleted.
7. Otherwise, the outstanding applications are adjourned to 9.30am AEDT on 12 March, 2024 in the Federal Circuit and Family Court of Australia (Division 1) at Brisbane for the purposes of explaining to the respondent the purpose and effect of the proposed requirements for him to enter into bonds in accordance with these reasons and the consequences that may follow if he:
(a) fails to enter into the bonds or any of them; or
(b) having entered into the bond—fails to act in accordance with the bond.
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 Before The Court
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Decision
Reasons for decision
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Legal Principle Established
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