FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Siskas & Diaz (No 2) [2025] FedCFamC2F 292
File number(s): ADC 1544 of 2020 Judgment of: JUDGE MCGINN Date of judgment: 7 March 2025 Catchwords: FAMILY LAW – CONTRAVENTION – parenting orders – counts prior to and following 6 May 2024 commencement of amendments to Act – contraventions without reasonable excuse – differing sanction regimes – separate and then global consideration of sanctions to be imposed – post-separation parenting course, fines, compensatory/make up time, bond, costs – explanation of bond prior to entry of orders Legislation: Crimes Act 1914 (Cth)
Family Law Act 1975 (Cth)
Family Law Amendment Act 2023 (Cth)
Cases cited: Brown & Brown [2005] FMCAfam 567;
B & W (No 1) [2003] FMCAfam 101
C & J [2001] FamCA 1486
C & R [2003] FamCA 682
Carrington and Gunby [2020] FamCAFC 117
Denny & Denny [2006] FMCAfam 49
Dobbs & Brayson (2007) FLC 93-346
Elspeth & Peter; Mark & Peter; and John and Peter [2007] FamCA 655
Greer v Bedelia [2009] FamCAFC 136
H & V [2005] FMCAfam 519
Siskas & Diaz [2025] FedCFamC2F 202
Markarian v R [2005] HCA 25; (2006) 228 CLR 357
Stevenson & Hughes (1993) FLC 92-363
Winch & Jackson (2015) FLC 93-649
WJP & TP [2002] FMCAfam 315
Division: Division 2 Family Law Number of paragraphs: 124 Date of hearing: 4 March 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 ORDERS
ADC 1544 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:
7 MARCH 2025
THE COURT ORDERS THAT:
1.That there be orders made in terms of paragraph 123 of the reasons published this day upon the respondent receiving an explanation of the bond referred to in that paragraph.
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.
IT IS NOTED that publication of this judgment by this Court under a pseudonym has been approved pursuant to subsection 114Q(2) of the Family Law Act 1975 (Cth).
REASONS FOR JUDGMENT
JUDGE McGINN:
On the morning of 4 March 2025 the Court received submissions from counsel on behalf of each of the parties in respect to the question of sanctions, if…
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- Siskas & Diaz (No 2) [2025] FedCFamC2F 292
- Case
- [2025] FedCFamC2F 292
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CaseChat Overview and Summary
The court was tasked with examining the nature of the contraventions and applying the appropriate legal standards to each set of contraventions. Given the amendments, the court had to consider the contraventions under the old regime and the new regime separately, before globally assessing the appropriate sanctions. The court needed to decide on the imposition of a post-separation parenting course, fines, compensatory or make-up time, bonds, and costs. Additionally, the court was required to ensure that Ms Diaz received an explanation of the bond before any orders were entered.
Judge McGinn concluded that there were contraventions without reasonable excuse, and thus, sanctions were warranted. The court found that the contraventions required separate consideration under the differing legal regimes, before a global assessment of the sanctions to be imposed. The court ordered a post-separation parenting course, fines, compensatory time, and costs. Furthermore, the court directed that Ms Diaz be given an explanation of the bond before any orders were made. The form of the order was to be recorded in the court's records, subject to review for minor errors or variations.
Orders
Orders of the court
ADC 1544 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:
7 MARCH 2025
THE COURT ORDERS THAT:
1. That there be orders made in terms of paragraph 123 of the reasons published this day upon the respondent receiving an explanation of the bond referred to in that paragraph.
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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