STANLEY & MICHELL

In *Stanley & Michell*, heard before Mushin J, the dispute concerned an application by the husband to enforce or vary previous orders made on 5 November 2008 and 5 December 2008, which related to the provision of photographs of the parties' children. The wife had failed to comply with a specific paragraph of the earlier order.

The primary legal issue before the court was whether the wife had breached the order of 5 November 2008 without reasonable excuse, and if so, what the appropriate sanction should be. A further issue arose from the husband's amended application filed on 17 November 2009, which sought to vary the existing orders.

Mushin J found that the wife had indeed breached paragraph 9 of the order of 5 November 2008 without reasonable excuse. However, despite this finding, the court determined that no sanction would be imposed on the wife for this breach. The husband's amended application was otherwise dismissed. By consent, order 9 of the orders made on 5 December 2008 was discharged. New orders were made requiring the wife to lodge registered packages containing photographs of the children at Australia Post on specific dates each year, with detailed specifications regarding the photographs and notification requirements for address changes.