Saldo & Tindall

Case

[2012] FamCA 194

3 April 2012


Details
AGLC Case Decision Date
Saldo & Tindall [2012] FamCA 194 [2012] FamCA 194 3 April 2012

CaseChat Overview and Summary

In the matter of *Saldo & Tindall*, Austin J considered allegations that the respondent mother had contravened specific orders made on 10 May 2010 and 10 December 2010. The proceedings concerned the alleged breaches of these parenting orders by the respondent mother.

The primary legal issue before the court was whether the respondent mother had contravened the aforementioned orders, and if so, whether she had done so without reasonable excuse. The court was required to determine the factual circumstances surrounding the alleged contraventions and assess the validity of any purported excuses offered by the respondent.

Austin J found that the respondent mother had contravened Orders 3 and 4(b) of the 10 May 2010 orders on multiple specified dates between August and December 2010. Furthermore, the court determined that the respondent mother had contravened Order 5 of the 10 May 2010 orders from 11 May 2010 onwards, and Order 2.2 of the 10 December 2010 orders from 15 December 2010 onwards. In each instance, the court found these contraventions were without reasonable excuse.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Breach

  • Remedies

  • Procedural Fairness

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Cases Citing This Decision

4

Oxbourne and Ewans and Anor [2020] FamCA 125
Saldo & Tindall [2013] FamCA 951
Tindall & Saldo [2015] FamCAFC 1
Cases Cited

2

Statutory Material Cited

2

Tindall and Saldo [2010] FamCA 626
Tindall and Saldo (No 2) [2010] FamCA 1174