Sellers and Appleby (No. 2)

FAMILY COURT OF AUSTRALIA

SELLERS & APPLEBY (NO. 2) [2017] FamCA 1142

FAMILY LAW – CHILDREN – Contravention – where the mother admits she has not complied with final orders – where the mother submitted that she had a reasonable excuse for her conduct as that conduct was necessary to protect the health and safety of the children – finding that the mother does not have a reasonable excuse for contravening final orders – order that the mother enter into a bond for 12 months.

FAMILY LAW – COSTS – order that the mother pay the father’s costs – order that such costs to be as agreed between the parties and failing agreement to be taxed.

Family Law Act 1975 (Cth) ss 70NAC, 70NAE, 70NEA, 70NEB, 70NEC, 117
Family Law Rules 2004 (Cth) r 21.08

Gaunt & Gaunt (1978) FLC 90-468

APPLICANT: Mr Sellers

RESPONDENT: Ms Appleby

FILE NUMBER: MLC 1090 of 2015

DATE DELIVERED: 18 December 2017

PLACE DELIVERED: Melbourne

PLACE HEARD: Melbourne

JUDGMENT OF: Johns J

HEARING DATE: 12 December 2017

REPRESENTATION

COUNSEL FOR THE APPLICANT: Ms Matson

SOLICITOR FOR THE APPLICANT: Peter Baker & Associates

THE RESPONDENT: In Person

Orders

1. That upon having found the respondent mother to have contravened Order 3 of the Orders dated 18 October 2017, such contravention found to be within Subdivision E of Division 13A of the Family Law Act 1975 (Cth), within 14 days the mother enter into a bond for a period of 12 months conditional upon complying with all orders of the Court in the meantime.

2. That subject to the bond being entered into, the Application – Contravention filed 23 November 2017 is otherwise dismissed.

3. That the mother pay the father’s costs of and incidental to the Application – Contravention filed 23 November 2017, such costs to be agreed and failing agreement to be assessed.

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

IT IS NOTED that publication of this judgment by this Court under the pseudonym  Sellers & Appleby (No. 2) has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).

FAMILY COURT OF AUSTRALIA AT

FILE NUMBER: MLC 1090  of 2015

Mr Sellers

Applicant

And

Ms Appleby

Respondent

REASONS FOR JUDGMENT

Introduction

1. On 18 October 2017 final orders (“the final Orders”) were made by Cronin J in respect of the parenting arrangements for the children C, aged 6 years, and D aged 5 years.  Those orders were made following a four-day contested hearing before Cronin J between 18 and 21 September 2017.  Both the mother and the father were represented at the final hearing and the interests of the children were…