Short and Trevilian

[2008] FamCA 211

FAMILY COURT OF AUSTRALIA

SHORT & TREVILIAN [2008] FamCA 211

FAMILY LAW – PRACTICE AND PROCEDURE

APPLICANT: Ms Short

RESPONDENT: Mr Trevilian

FILE NUMBER: ADF 1855 of 2003

DATE DELIVERED: 28 March 2008

PLACE DELIVERED: Adelaide

JUDGMENT OF: Dawe J

HEARING DATE:

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr D.M. Berman

SOLICITOR FOR THE APPLICANT: Angela Ferdinandy

COUNSEL FOR THE RESPONDENT: Mr Childs

SOLICITOR FOR THE RESPONDENT: Tindall Gask Bentley

COUNSEL FOR THE OTHER PARTY: Mr M. Figwer

SOLICITOR FOR THE OTHER PARTY: Michael J Figwer

INDEPENDENT CHILDREN’S LAWYER COUNSEL: Mr J.G. McGinn

INDEPENDENT CHILDREN’S LAWYER SOLICITOR: Judith Cocks

Orders

AND UPON NOTING the Undertaking given by the father to the Court today.

1. The mother is to file and serve any Application in a Case for the father to be dealt with for any contravention and/or contempt of Court Orders by 9.00 am on the 2 April 2008.

1. The hearing of the Application in a Case filed by the wife on the 28 March 2008 is adjourned to 9.00 am on 2 April 2008 before The Honourable Justice Dawe.

1. By 9.00 am on the 2 April 2008 the father is to file and serve an affidavit confirming his compliance with his undertaking and setting out the steps he has taken to comply with the undertaking and to ensure the child S’s continued residence as a boarder at S College.

NOTING the father is warned that if there is found to be a breach of Court orders of the 25 March 2008 without reasonable excuse or a flagrant breach of those orders which amounts to a contempt of Court he faces serious consequences.

IT IS NOTED that publication of this judgment under the pseudonym Short & Trevillian is approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

FAMILY COURT OF AUSTRALIA AT ADELAIDE

FILE NUMBER: ADF 1855  of 2003

MS SHORT

Applicant

And

MR TREVILIAN

Respondent

EX-TEMPORE REASONS FOR JUDGMENT

1. Notwithstanding what appears to be an admission that the order in relation to S’s residence has not been obeyed, I draw the attention of the father to the orders that I have made on 25 March 2008 and warn him that if there is found to have been a breach of my orders without reasonable excuse or a flagrant breach of those orders which amounts to a contempt of Court, he faces serious consequences.

1. Any further failure to obey the orders of the Court will also result in very serious consequences.  This is a superior Court of record and the Court expects its orders to be obeyed.  The Court has in the past, and I have in particular in the past, ensured that due recognition of Court orders is made by the public and litigants generally to the extent that I have ordered imprisonment for failure to obey Court orders.  I have ordered imprisonment for failure to obey much less serious orders than ones which relate to the ongoing welfare of children.  I can only express my serious concern that the children in this family have been subjected to the sort of behaviour which brings this matter before me in this Court.

I certify that the preceding two (2) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Dawe

Associate: 

Date:  28 March 2008