SNELL & SNELL
Case
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[2018] FamCA 790
•4 October 2018
Details
AGLC
Case
Decision Date
SNELL & SNELL [2018] FamCA 790
[2018] FamCA 790
4 October 2018
CaseChat Overview and Summary
In *Snell & Snell*, heard by Baumann J, the proceedings concerned an application by the father for contravention of parenting orders made on 1 June 2015. The mother sought to rely on a defence of reasonable excuse for her alleged contraventions.
The primary legal issues before the Court were whether the mother had a reasonable excuse for failing to comply with specific parenting orders relating to the child, B, and whether she had failed, without reasonable excuse, to provide the father with copies of B’s school reports and medical assessments. The Court was also required to determine the appropriate response, if any, to any proven contraventions.
Baumann J found that the mother had demonstrated a reasonable excuse for her failure to comply with certain orders after 30 August 2015. However, the Court found that the mother had failed, without reasonable excuse, to provide the father with copies of B’s school reports and medical assessments. Despite this finding, the Court imposed no sanction on the mother for this failure. Furthermore, pursuant to s.70NBA of the *Family Law Act 1975*, the Court suspended the operation and effect of the parenting orders that the mother had failed to comply with, for which she had demonstrated a reasonable excuse. The Court made no order as to costs.
The primary legal issues before the Court were whether the mother had a reasonable excuse for failing to comply with specific parenting orders relating to the child, B, and whether she had failed, without reasonable excuse, to provide the father with copies of B’s school reports and medical assessments. The Court was also required to determine the appropriate response, if any, to any proven contraventions.
Baumann J found that the mother had demonstrated a reasonable excuse for her failure to comply with certain orders after 30 August 2015. However, the Court found that the mother had failed, without reasonable excuse, to provide the father with copies of B’s school reports and medical assessments. Despite this finding, the Court imposed no sanction on the mother for this failure. Furthermore, pursuant to s.70NBA of the *Family Law Act 1975*, the Court suspended the operation and effect of the parenting orders that the mother had failed to comply with, for which she had demonstrated a reasonable excuse. The Court made no order as to costs.
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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Appeal
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Costs
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Jurisdiction
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Remedies
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Procedural Fairness
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Citations
SNELL & SNELL [2018] FamCA 790
Cases Citing This Decision
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Statutory Material Cited
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