Stewart and Bain

In *Stewart and Bain*, heard before Justice Cronin, the proceedings concerned allegations by the mother against the father for breaching court orders relating to parenting arrangements. The application detailing these allegations was filed on 30 October 2009.

The court was required to determine whether the father had contravened the existing court orders, specifically in relation to allegations numbered 3 and 4. The court also needed to consider the appropriate consequences for any proven contraventions, including whether they should be deemed to fall within subdivision E of Part VII of the relevant Act, and what orders should be made regarding the father's future compliance with court orders. Furthermore, the court was to address the listing of extant parenting applications for a less-adversarial trial to reconsider previous orders made on 7 November 2008.

Justice Cronin found that the respondent father had breached the court orders in respect of allegations numbered 3 and 4, dismissing all other allegations. For the purposes of Part VII of the Act, these contraventions were deemed to fall into subdivision E. The father was ordered to enter into a bond pursuant to s 70NEC for a period of two years to abide by all court orders. The matter was relisted for the father to advise the court, through his practitioners, whether he would enter into the bond, with the mother excused from attendance for this purpose. The court also set out a process for parties to make written submissions regarding costs and listed all extant parenting applications for a less-adversarial trial on 22 January 2010, with the specific issue for that day being whether there was any basis to reconsider the orders made on 7 November 2008.