Short and Trevilian
Case
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[2008] FamCA 211
•28 March 2008
Details
AGLC
Case
Decision Date
Short and Trevilian [2008] FamCA 211
[2008] FamCA 211
28 March 2008
CaseChat Overview and Summary
In the matter of *Short and Trevilian*, heard before Dawe J, the dispute concerned allegations of contravention and potential contempt of court orders by the father. The mother sought to bring an application before the court to have the father dealt with for these alleged breaches.
The court was required to determine whether the father had contravened existing court orders and, if so, whether such contravention amounted to contempt of court. The proceedings also involved the father providing an undertaking to the court regarding his compliance with orders concerning the child's residence.
Dawe J noted the undertaking given by the father and made orders for the mother to file and serve any application concerning contravention or contempt by a specified date. The hearing of the mother's existing application was adjourned to the same date. The father was also ordered to file and serve an affidavit detailing his compliance with his undertaking and the steps taken to ensure the child's continued residence at a particular college. The father was warned of the serious consequences he would face if found to have breached the court orders without reasonable excuse or in a manner constituting contempt.
The court was required to determine whether the father had contravened existing court orders and, if so, whether such contravention amounted to contempt of court. The proceedings also involved the father providing an undertaking to the court regarding his compliance with orders concerning the child's residence.
Dawe J noted the undertaking given by the father and made orders for the mother to file and serve any application concerning contravention or contempt by a specified date. The hearing of the mother's existing application was adjourned to the same date. The father was also ordered to file and serve an affidavit detailing his compliance with his undertaking and the steps taken to ensure the child's continued residence at a particular college. The father was warned of the serious consequences he would face if found to have breached the court orders without reasonable excuse or in a manner constituting contempt.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Breach
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Procedural Fairness
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Citations
Short and Trevilian [2008] FamCA 211
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