Senna and Aldenberg and Anor
Case
•
[2018] FCCA 2711
•3 August 2018
Details
AGLC
Case
Decision Date
Senna and Aldenberg and Anor [2018] FCCA 2711
[2018] FCCA 2711
3 August 2018
CaseChat Overview and Summary
In the matter of *Senna and Aldenberg and Anor*, heard before Judge Jarrett, the applicant, Mr Senna, brought contempt proceedings against the first respondent, Ms Aldenberg, and the second respondent, Ms Abraham. The dispute concerned breaches of orders previously made under the *Family Law Act 1975* (Cth).
The court was required to determine whether Ms Aldenberg and Ms Abraham were in contempt of court, and if so, to impose appropriate penalties. Specifically, the court needed to consider the nature of the contempt and the sentencing powers available under the *Family Law Act 1975* (Cth), including the imposition of imprisonment.
Judge Jarrett found both respondents to be in contempt of court. Ms Aldenberg was found in contempt of orders made on 9 October 2014, and Ms Abraham was found in contempt of orders made on 13 April 2016. Applying the provisions of s.112AP(4) of the *Family Law Act 1975* (Cth), the court sentenced Ms Aldenberg to a term of imprisonment of 18 months. Ms Abraham was sentenced to six months imprisonment, with the final three months to be fully suspended. Warrants of commitment were ordered to issue forthwith to give effect to these sentences.
Furthermore, the court ordered that both Ms Aldenberg and Ms Abraham pay Mr Senna's costs of and incidental to the contempt application, to be assessed on the indemnity basis.
The court was required to determine whether Ms Aldenberg and Ms Abraham were in contempt of court, and if so, to impose appropriate penalties. Specifically, the court needed to consider the nature of the contempt and the sentencing powers available under the *Family Law Act 1975* (Cth), including the imposition of imprisonment.
Judge Jarrett found both respondents to be in contempt of court. Ms Aldenberg was found in contempt of orders made on 9 October 2014, and Ms Abraham was found in contempt of orders made on 13 April 2016. Applying the provisions of s.112AP(4) of the *Family Law Act 1975* (Cth), the court sentenced Ms Aldenberg to a term of imprisonment of 18 months. Ms Abraham was sentenced to six months imprisonment, with the final three months to be fully suspended. Warrants of commitment were ordered to issue forthwith to give effect to these sentences.
Furthermore, the court ordered that both Ms Aldenberg and Ms Abraham pay Mr Senna's costs of and incidental to the contempt application, to be assessed on the indemnity basis.
Details
Key Legal Topics
Areas of Law
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Family Law
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Criminal Law
Legal Concepts
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Sentencing
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Costs
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Charge
Actions
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Most Recent Citation
GARCON and GARCON [2022] FCWA 240
Cases Cited
3
Statutory Material Cited
2
Australian Securities and Investments Commission v Michalik
[2004] NSWSC 1259
Hearne v Street
[2008] HCA 36