Swinnerton and Peters
Case
•
[2012] FamCA 118
•9 March 2012
Details
AGLC
Case
Decision Date
Swinnerton and Peters [2012] FamCA 118
[2012] FamCA 118
9 March 2012
CaseChat Overview and Summary
In the matter of *Swinnerton and Peters*, Kent J of the Family Court of Australia considered an application for the arrest of Mr Peters. The specific nature of the underlying dispute between the parties is not detailed in the provided text, but the application concerned the enforcement of court orders, leading to the request for a warrant of arrest.
The central legal issue before the Court was whether the criteria for issuing a warrant of arrest under Rule 21.17 of the *Family Law Rules 2004* (Cth) had been met. This rule permits the Court to issue a warrant for the arrest of a person if it is satisfied that the person has failed to comply with a court order and that it is necessary to do so to secure compliance or to prevent a contravention.
Kent J determined that the threshold for issuing the warrant was satisfied. The Court ordered that a warrant issue authorising the Marshal and officers of the Australian Federal Police and officers of the Queensland Police Service to arrest Mr Peters and bring him before the Court. The costs associated with this application and the warrant proceedings were reserved for further determination.
The central legal issue before the Court was whether the criteria for issuing a warrant of arrest under Rule 21.17 of the *Family Law Rules 2004* (Cth) had been met. This rule permits the Court to issue a warrant for the arrest of a person if it is satisfied that the person has failed to comply with a court order and that it is necessary to do so to secure compliance or to prevent a contravention.
Kent J determined that the threshold for issuing the warrant was satisfied. The Court ordered that a warrant issue authorising the Marshal and officers of the Australian Federal Police and officers of the Queensland Police Service to arrest Mr Peters and bring him before the Court. The costs associated with this application and the warrant proceedings were reserved for further determination.
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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Costs
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Jurisdiction
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Procedural Fairness
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Citations
Swinnerton and Peters [2012] FamCA 118
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