Scotsdale and Haricott

Case

[2013] FCCA 1575

1 October 2013


Details
AGLC Case Decision Date
SCOTSDALE & HARICOTT [2013] FCCA 1575 [2013] FCCA 1575 1 October 2013

CaseChat Overview and Summary

In the matter of *Scotsdale and Haricott*, heard before Judge Lucev, the applicant sought orders against the respondent for contraventions of a final order made under the *Family Law Act 1975* (Cth). The specific nature of the contraventions and the original final order are not detailed in the provided text, but the proceedings concerned the respondent's alleged failure to comply with existing court orders.

The central legal issue before the court was whether the respondent had contravened the terms of the final order and, if so, what penalty or sanction should be imposed under section 7NFB(2)(d) of the *Family Law Act 1975*. This section provides for the imposition of a fine for contravention of a parenting order. The court was also required to consider the appropriate quantum of any fine and the matter of costs.

Judge Lucev found that the respondent had contravened the final order on multiple occasions. In relation to contraventions occurring on 31 August 2012, 28 March 2013, and 28 June 2013, the court imposed a fine of $300.00 for each instance, totalling $900.00. A further contravention on 20 January 2013 attracted a fine of $100.00. All fines were to be paid to the Collector of Public Monies by 1 November 2013. Additionally, the respondent was ordered to pay the applicant's costs in the sum of $500.00 by the same date.
Details

Areas of Law

  • Family Law

  • Statutory Interpretation

Legal Concepts

  • Costs

  • Penalty

  • Sentencing

  • Statutory Construction

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Cases Citing This Decision

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Cases Cited

1

Statutory Material Cited

0

SAVILLE & SAVILLE (NO.2) [2013] FCCA 968