Tindall & Saldo

[2015] FamCAFC 1

FAMILY COURT OF AUSTRALIA

TINDALL & SALDO [2015] FamCAFC 1

FAMILY LAW – APPEAL – AMENDED NOTICE OF APPEAL – CONTRAVENTION – Where the trial judge found that the appellant mother contravened orders without reasonable excuse – Where the respondent father was charged with numerous serious criminal offences in relation to the appellant mother and the parties’ child – Where part-way through the criminal trial the respondent father pleaded guilty to some of the charges but was released on bail and was not sentenced until some time later – Where the trial judge found that the commencement of the criminal trial and the guilty plea did not change the “underlying family dynamic” and did not provide reasonable grounds for contravening the orders – Where the trial judge erred as there was a palpable change in the family dynamic by the commencement of the criminal trial, with lengthy cross-examination of the appellant mother, the father pleading guilty thereafter, and the delay until his sentence – Where the trial judge erred in finding that supervised time by the paternal grandmother would have allayed the appellant mother’s fears of the respondent father spending time with the child – Where the trial judge erred in relying upon notations on the court file which were not on the sealed copies of the order provided to the parties – Where the trial judge erred in finding that the appellant mother was not “bullied” into entering into consent orders as this finding was not open on the evidence – Where the trial judge erred in finding that the appellant mother had joined in an agreement for the child to spend time with the respondent father supervised by the paternal grandmother – Where the trial judge erred in finding that the statements of a police officer to the mother that she not provide her contact details to the respondent father did not establish a reasonable excuse to contravene the order – Where there is no merit in the complaint that the trial judge erred in finding that the appellant mother had failed to arrange an appointment for an assessment at a contact centre without reasonable excuse – Where there is no merit in the complaint that the trial judge erred in finding that that contravention manifested serious disregard of the order and in failing to consider subsequent events on sentencing – Appeal allowed in part.

FAMILY LAW – APPEAL – COSTS – Where neither the appellant mother nor the respondent father sought costs orders, but the appellant mother sought a costs certificate pursuant to the Federal Proceedings (Costs) Act 1981 (Cth) – Where no order for costs should be made – Where the appeal was allowed in part on a question of law – Costs certificate ordered for the appellant mother.

Family Law Act 1975 (Cth) – ss 69ZT, 70NAE (1) and (5), 70NAF, 70NDA(c), 70NEB, Subdivisions E and F, Division 13A of Part VII
Federal Proceedings (Costs) Act 1981 (Cth) – s 9

Scott & Scott