Spencer & Verity

The appeal was heard in the Family Court of Australia in Sydney, with the Honourable Justice Coleman delivering the judgment on 14 December 2012. The appellant, Ms Spencer, appealed against orders made by Dunkley FM on 12 July 2012 in proceedings between the appellant and Mr Verity pursuant to the Family Law Act 1975 (Cth). The Federal Magistrate found three contraventions of parenting orders alleged by the respondent to have been proved, and made consequential orders providing that the respondent spend compensatory time with the parties' child. The appellant sought that the contravention findings, and the orders for the spending of compensatory time, be set aside. The respondent resisted the appeal and sought to maintain the orders of the Federal Magistrate.

The Court found that the learned Federal Magistrate was not entitled to reject the appellant's defence, which relied upon the obligations of the respondent pursuant to orders 13 and 15 of the 2011 orders. Consequently, the findings of contravention were set aside. The Court did not find merit in any of the challenges to the variation or compensatory time orders made by the learned Federal Magistrate. The appeal was allowed in part, with orders 2, 3, 4 of the orders of the Federal Magistrates Court made on 12 July 2012 being set aside, and orders 6, 7 and 8 being varied accordingly. Reference to orders 13 and 15 in Declaration 12 of the Federal Magistrates Court of 12 July 2012 was also set aside. Costs were reserved, with any party seeking an order for costs required to file and serve submissions within 21 days, followed by submissions in opposition within 21 days thereafter.