Tanner & Reed - [2025] FedCFamC2F 655

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Tanner & Reed [2025] FedCFamC2F 655

File number(s): MLC 13935 of 2023

Judgment of: JUDGE O'SHANNESSY

Date of judgment: 9 May 2025

Catchwords: FAMILY LAW – Contravention application – 38 counts of contravention alleged against the father – where counts 1-6 were withdrawn prior to the hearing – where the alleged contravention concerns the children’s sports lessons and the administration of medication to one child – where the mother solely pays for the sports lessons – where the father believes he had a reasonable excuse for all allegations – where one count has been proven – where there be no penalty – where there be no cost order – contravention application dismissed.

Legislation: Family Law Act 1975 (Cth) ss 117

Cases cited:
Cagney & Nankervis [2024] FedCFamC2F 192

Dobbs & Dobbs (No 2) [2024] FedCFamC1F 349

Fox v Percy (2003) 214 CLR 118

Rossini & Koopman [2024] FedCFamC2F 901

Division: Division 2 Family Law

Number of paragraphs: 46

Date of hearing: 9 May 2025

Place: Melbourne

Counsel for the Applicant: Mr Indovino

Solicitor for the Applicant: Wyndham Partners Pty Ltd

Counsel for the Respondent: Ms Bastick

Solicitor for the Respondent: DCM Lawyers
ORDERS

MLC 13935 of 2023

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:
MS TANNER

Applicant

AND:
MR REED

Respondent

ORDER MADE BY:

JUDGE O'SHANNESSY

DATE OF ORDER:

9 MAY 2025

THE COURT DECLARES THAT:
1.The Respondent, Mr Reed (‘Mr Reed’), contravened Order 13 and Notation D of the Final Orders of 4 April 2024, without a reasonable excuse in mid-2024, as alleged in Count 11 of 38 of the Contravention Application filed 26 November 2024 and in all the circumstances, no further sanction or penalty is required.

AND THE COURT ORDERS THAT:
2.The Contravention Application filed 26 November 2024 be and is otherwise dismissed.
3.All extant applications are otherwise dismissed.
4.There be no order as to costs.

AND THE COURT NOTES THAT:
A.Count 11 referred to above was as follows:
“The Respondent, without reasonable excuse, refused to take the children to agreed sports lessons.”
B.Mr Reed asserted that his reasonable excuse was as stated within his affidavit filed 11 December 2024 at [15]:
“15.In response to count 11 within the Contravention Application, I say as follows:
a[In mid] 2024 at 6.00pm – The children and I were celebrating my partner, [Ms B’s] birthday at a family dinner.”

Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Tanner & Reed

Details

AGLC: Tanner & Reed [2025] FedCFamC2F 655
Case: [2025] FedCFamC2F 655
Decision Date: 9 May 2025

CaseChat Overview and Summary

The Federal Circuit and Family Court of Australia considered a contravention application filed by Ms Tanner against Mr Reed. The application, which was filed on 26 November 2024, included 38 counts of alleged contraventions related to the administration of medication to one child and the children's sports lessons. Prior to the hearing, counts 1 to 6 were withdrawn. The primary issue before the Court was whether Mr Reed had contravened certain orders made in a previous parenting case, and if so, whether there was a reasonable excuse for the alleged contraventions. The Court was required to determine the validity of Mr Reed's claim of reasonable excuse for the contraventions and whether any penalty or sanction was necessary.

The Court found that one count, Count 11, was proven. This count alleged that Mr Reed refused to take the children to their agreed sports lessons without a reasonable excuse. The Court accepted Mr Reed's explanation that he had a reasonable excuse for this instance, as he was celebrating a family dinner for his partner's birthday. The Court determined that no further sanction or penalty was required as the contravention had already occurred, and the children had missed the sports lesson. Consequently, the Court dismissed the remaining counts and the overall contravention application.

The Court's orders were that Count 11 of the Contravention Application was upheld, but no further penalty was imposed. All other counts were dismissed, and there was no order as to costs. The Court noted that while Mr Reed had contravened the orders, his actions were excused in this particular instance. The Court dismissed all other applications that were before it.

Orders

Orders of the court

MLC 13935 of 2023

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

MS TANNER

Applicant

AND:

MR REED

Respondent

ORDER MADE BY:

JUDGE O'SHANNESSY

DATE OF ORDER:

9 MAY 2025

THE COURT DECLARES THAT:

1. The Respondent, Mr Reed (‘Mr Reed’), contravened Order 13 and Notation D of the Final Orders of 4 April 2024, without a reasonable excuse in mid-2024, as alleged in Count 11 of 38 of the Contravention Application filed 26 November 2024 and in all the circumstances, no further sanction or penalty is required.

AND THE COURT ORDERS THAT:

2. The Contravention Application filed 26 November 2024 be and is otherwise dismissed.

3. All extant applications are otherwise dismissed.

4. There be no order as to costs.

AND THE COURT NOTES THAT:

A. Count 11 referred to above was as follows:

“The Respondent, without reasonable excuse, refused to take the children to agreed sports lessons.”

B. Mr Reed asserted that his reasonable excuse was as stated within his affidavit filed 11 December 2024 at [15]:

“15. In response to count 11 within the Contravention Application, I say as follows:

a [In mid] 2024 at 6.00pm – The children and I were celebrating my partner, [Ms B’s] birthday at a family dinner.”

Note: The form of the order is subject to the entry in the Court’s records.

Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).

Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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File number(s):	MLC 13935 of 2023
Judgment of:	JUDGE O'SHANNESSY
Date of judgment:	9 May 2025
Catchwords:	FAMILY LAW – Contravention application – 38 counts of contravention alleged against the father – where counts 1-6 were withdrawn prior to the hearing – where the alleged contravention concerns the children’s sports lessons and the administration of medication to one child – where the mother solely pays for the sports lessons – where the father believes he had a reasonable excuse for all allegations – where one count has been proven – where there be no penalty – where there be no cost order – contravention application dismissed.
Legislation:	Family Law Act 1975 (Cth) ss 117
Cases cited:	Cagney & Nankervis [2024] FedCFamC2F 192 Dobbs & Dobbs (No 2) [2024] FedCFamC1F 349 Fox v Percy (2003) 214 CLR 118 Rossini & Koopman [2024] FedCFamC2F 901
Division:	Division 2 Family Law
Number of paragraphs:	46
Date of hearing:	9 May 2025
Place:	Melbourne
Counsel for the Applicant:	Mr Indovino
Solicitor for the Applicant:	Wyndham Partners Pty Ltd
Counsel for the Respondent:	Ms Bastick
Solicitor for the Respondent:	DCM Lawyers

MLC 13935 of 2023
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:	MS TANNER Applicant
AND:	MR REED Respondent

ORDER MADE BY:	JUDGE O'SHANNESSY
DATE OF ORDER:	9 MAY 2025