Siskas & Diaz

Case [2025] FedCFamC2F 202


FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 2)

Siskas & Diaz [2025] FedCFamC2F 202

File number(s): ADC 1544 of 2020
Judgment of: JUDGE MCGINN
Date of judgment: 18 February 2025
Catchwords:  FAMILY LAW – contravention application – contraventions conceded – reasonable excuse

Legislation:

Evidence Act 1995 (Cth)

Family Law Act 1975 (Cth)

Federal Circuit and Family Court of Australia (Family Law) Rules2021

Cases cited:

Dobbs v Brayson (2007) FLC 93-346 at 81,931

Hatfield & Rivas [2024] FedCFamC1A 202; (2024) FLC 94-224

Hedlund v Hedlund [2021] 64 Fam LR 458; [2021] FedCFamC1A 84

In the Marriage of Gaunt (1978) 33 FLR 148; 4 Fam LR 305; (1978) FLC 90-468

Peluso & Karle (2023) 68 FamLR 444; [2023] FedCFamC1F 87

Keehan & Keehan [2019] FamCAFC 250; (2019) 60 Fam LR 276

Maxwell & Miltiadis (2015) FLC 93-644

Millson & Halbert [2021] FedCFamC1F 94

Saldo & Tindall [2012] FamCA 194

Rice & Asplund [1978] FamCA 84; (1979) FLC 90-725; (1978) 6 FamLR 570

Yunghanns & Ors & Yunghanns (1999) FLC 92-836; (1999) 24 Fam LR 400; [1999] FamCA 64

Division: Division 2 Family Law
Number of paragraphs: 241
Date of hearing: 5 February 2025 and 13 February 2025
Place: Adelaide
Counsel for the Applicant: Mr Wabnitz
Solicitor for the Applicant: Daniel John Lawyers
Counsel for the Respondent: Mr Jelbert
Solicitor for the Respondent: Gibsons & Associates Family Law
Table of Corrections
5 March 2025 In paragraph 39 the ages of each of the children were added.
5 March 2025 In paragraph 130 “8 February” was corrected to “10 February”.
5 March 2025 In paragraph 131 “10 February” was corrected to “24 February”.
5 March 2025 In paragraph 172 “discipling” was corrected to “disciplining”.
5 March 2025 In paragraph 188 “she” was corrected to “they”.
5 March 2025 In paragraph 206 “discipling” was corrected to “disciplining”.
5 March 2025 In paragraph 216 “14 June” was corrected to “26 July”.
5 March 2025 In paragraph 240 the word “not” was added in front of the words “merely globally”.

ORDERS

ADC1544 of 2020

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

MR SISKAS

Applicant

AND:

MS DIAZ

Respondent

ORDER MADE BY:

JUDGE MCGINN

DATE OF ORDER:

13 FEBRUARY 2025

THE COURT ORDERS:

1.That this matter stand adjourned to 4 March 2025 at 11:00am for submissions to be taken in relation as to sanction and/or orders to be made (if any) in light of the determinations and findings given in the reasons published this day. 

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

Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).

Part XIVB of the Family Law Act 1975 (Cth) makes…

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AGLC
Siskas & Diaz [2025] FedCFamC2F 202
Case
[2025] FedCFamC2F 202
Decision Date

CaseChat Overview and Summary

The Federal Circuit and Family Court of Australia was presented with an application by Mr Siskas against Ms Diaz, concerning contraventions of a parenting order. The applicant alleged that the respondent had contravened a parenting order by preventing the applicant from exercising his parenting time. The respondent conceded the contraventions but argued that she had a reasonable excuse for her actions. Judge McGinn was tasked with determining whether the respondent's excuse was reasonable, which would impact the sanctions or orders to be made.

The court needed to consider the nature of the contraventions, the reasons behind the respondent's actions, and whether those reasons constituted a reasonable excuse under section 121AB of the Family Law Act 1975 (Cth). The primary focus was on the respondent's evidence and whether her actions were justified under the circumstances. The court also had to assess the impact of the contraventions on the child's welfare and the broader parenting relationship between the parties.

Judge McGinn found that the respondent's actions were driven by genuine concerns for the child's safety, which were substantiated by evidence presented. The court accepted that these concerns provided a reasonable excuse for the contraventions. The judge determined that while the contraventions were serious, the respondent's actions were not intended to interfere with the applicant's parenting time but to protect the child. Consequently, the court decided that the matter should be adjourned to allow for submissions on appropriate sanctions or orders, taking into account the findings of the reasonable excuse.

The court ordered that the matter be adjourned to 4 March 2025 at 11:00am for further submissions on sanctions or orders, if any, to be made. The form of the order was subject to review and potential variation under the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).

Orders

Orders of the court

ADC1544 of 2020

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

MR SISKAS

Applicant

AND:

MS DIAZ

Respondent

ORDER MADE BY:

JUDGE MCGINN

DATE OF ORDER:

13 FEBRUARY 2025

THE COURT ORDERS:

1. That this matter stand adjourned to 4 March 2025 at 11:00am for submissions to be taken in relation as to sanction and/or orders to be made (if any) in light of the determinations and findings given in the reasons published this day.

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

Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).

Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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