Tothill and Crowther (No 2)

In *Tothill and Crowther (No 2)*, Dawe J of the Family Court of Australia considered a contravention application brought by the father against the mother concerning alleged failures to facilitate child handover. The father sought orders including a term of imprisonment. A key procedural issue arose concerning the father's attempt to rely on an affidavit filed out of time.

The court was required to determine whether to grant the father leave to rely on the affidavit filed after the prescribed time limit, and to determine the merits of the contravention application itself, specifically regarding allegations of non-compliance with handover arrangements.

Dawe J granted the father permission to rely on the affidavit sworn on 22 April 2016 and its annexures, subject to arguments regarding the weight and admissibility of that material. However, the court dismissed specific counts (items 5, 6, and 8) of the contravention application.