FAMILY COURT OF AUSTRALIA
| SALDO & TINDALL | [2013] FamCA 951 |
FAMILY LAW – CHILDREN – Contravention of orders without reasonable excuse – Subdivisions E and F of Division 13A of Part VII apply – serious disregard of obligations in all but one instance – sanctions imposed – good behaviour bonds
Crimes (Sentencing Procedure) Act 1999 (NSW) s 3A
Evidence Act 1995 (NSW) s 4AA
Family Law Act 1975 (Cth) ss 69ZM, 69ZX, 70NAF, 70NEA, 70NEB, 70 NEC, 70NFA, 70NFB, 70NE, 70NFF, 70NFG, 70NECA, 94
Cachia v Hanes (1994) 179 CLR 403
| Dobbs & Brayson (2007) FLC 93-346 |
Hay v Hay (1998) FLC 92-819
Langer & Griffin [2013] FamCAFC 170
Lindsey & Lindsey (1995) FLC 92-638
McClintockv Levier (2009) 41 Fam LR 245
Oscar v Traynor [2008] FamCAFC 158
| Saldo & Tindall [2012] FamCA 194 Tindall & Saldo [2012] FamCA 1156 Yule v Junek (1978) 139 CLR 1 |
| APPLICANT: | Mr Saldo |
| RESPONDENT: | Ms Tindall |
| FILE NUMBER: | NCC | 3176 | of | 2008 |
| DATE DELIVERED: | 5 December 2013 |
| PLACE DELIVERED: | Newcastle |
| PLACE HEARD: | Newcastle |
| JUDGMENT OF: | Justice Austin |
| HEARING DATE: | 4 November 2013 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | Not Applicable |
| SOLICITOR FOR THE APPLICANT: | Not Applicable |
| COUNSEL FOR THE RESPONDENT: | Mr B. Kelly |
| SOLICITOR FOR THE RESPONDENT: | Derham Houston Lawyers |
Orders
For the contravention of Order 5 made on 10 May 2010 without reasonable excuse, pursuant to Subdivision E of Division 13A of Part VII of the Family Law Act, the respondent mother shall within 7 days hereof enter into a good behaviour bond upon the following conditions:
(a) The bond shall be without surety and without security;
(b)The mother must be of good behaviour for the duration of the bond, which shall include compliance with all existing parenting orders; and
(c)The bond shall be for a period of 6 months, commencing on the date the mother enters into the bond.
For each of the 18 contraventions of Orders 3 and 4(b) made on 10 May 2010 without reasonable excuse, pursuant to Subdivision F of Division 13A of Part VII of the Family Law Act, the respondent mother shall within 7 days hereof enter into separate good behaviour bonds upon the following conditions:
(a)The bonds shall be without surety and without security;
(b)The mother must be of good behaviour for the duration of the bonds, which shall include compliance with all existing parenting orders; and
(c)The bonds shall be for periods of 12 months, commencing on the date the mother enters into the bonds.
For the contravention of Order 2.2 made on 10 December 2010 without reasonable excuse, pursuant to Subdivision F of Division 13A of Part VII of the Family Law Act, the respondent mother shall within 7 days hereof enter into a good behaviour bond upon the following conditions:
(a)The bond shall be without surety and without security;
(b)The mother must be of good behaviour for the duration of the bond, which shall include compliance with all existing parenting orders; and
Continue reading Saldo & Tindall
Sign in free to access the full text
- AGLC
- Saldo & Tindall [2013] FamCA 951
- Case
- [2013] FamCA 951
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether the respondent mother had contravened the specified orders without reasonable excuse, and if so, what penalty or order should be made pursuant to the relevant provisions of the *Family Law Act*.
Justice Austin found that the respondent mother had contravened Order 5 made on 10 May 2010, and Orders 3 and 4(b) made on the same date, without reasonable excuse. Furthermore, the court found a contravention of Order 2.2 made on 10 December 2010, also without reasonable excuse. In relation to these contraventions, the court ordered the respondent mother to enter into a series of good behaviour bonds. These bonds were to be without surety or security, for durations of six months and twelve months respectively, and required compliance with all existing parenting orders. The mother was also ordered to serve sealed copies of these bonds on the applicant father within 14 days.
Orders
Orders of the court
1.
For the contravention of Order 5 made on 10 May 2010 without reasonable excuse, pursuant to Subdivision E of Division 13A of Part VII of the Family Law Act, the respondent mother shall within 7 days hereof enter into a good behaviour bond upon the following conditions:
(a) The bond shall be without surety and without security;
(b) The mother must be of good behaviour for the duration of the bond, which shall include compliance with all existing parenting orders; and
(c) The bond shall be for a period of 6 months, commencing on the date the mother enters into the bond.
2.
For each of the 18 contraventions of Orders 3 and 4(b) made on 10 May 2010 without reasonable excuse, pursuant to Subdivision F of Division 13A of Part VII of the Family Law Act, the respondent mother shall within 7 days hereof enter into separate good behaviour bonds upon the following conditions:
(a) The bonds shall be without surety and without security;
(b) The mother must be of good behaviour for the duration of the bonds, which shall include compliance with all existing parenting orders; and
(c) The bonds shall be for periods of 12 months, commencing on the date the mother enters into the bonds.
3.
For the contravention of Order 2.2 made on 10 December 2010 without reasonable excuse, pursuant to Subdivision F of Division 13A of Part VII of the Family Law Act, the respondent mother shall within 7 days hereof enter into a good behaviour bond upon the following conditions:
(a) The bond shall be without surety and without security;
(b) The mother must be of good behaviour for the duration of the bond, which shall include compliance with all existing parenting orders; and
(c) The bond shall be for a period of 12 months, commencing on the expiration date of the bonds entered into by the mother pursuant to Orders 1 and 2 hereof.
4.
Within 14 days hereof the respondent mother shall serve upon the applicant father sealed copy of the bonds she enters pursuant to Orders 1-3 hereof.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.