SHIRLEY & MOORE

In the matter of Shirley & Moore, Hogan J of the Federal Circuit Court of Australia considered an application for contravention of a court order. The dispute concerned the mother's alleged failure to comply with an order made on 5 December 2013, which stipulated that the child B spend time with the father.

The primary legal issue before the court was whether the mother had, without reasonable excuse, contravened the existing court order by failing to facilitate the child B's time with the father on various specified dates between January and April 2014. The court was also required to determine the appropriate orders to be made in light of any proven contraventions, including compensatory time and costs.

Hogan J found that the mother had, without reasonable excuse, contravened the order of 5 December 2013 on multiple occasions, specifically by failing to provide the child B for time with the father on 18 January 2014, 19 January 2014, 1 and 2 March 2014, 15 and 16 March 2014, and 29, 31 March 2014 and 2, 4, 6, 8 and 10 April 2014. Counts 1, 2, 21, and 22 of the application for contravention were dismissed.

The court adjourned the matter to a date to be fixed for further hearings regarding compensatory time orders and the father's application for costs. Parties were granted liberty to appear by telephone at the adjourned hearing, provided the court was notified at least three days in advance with a contact telephone number.