Venture and Venture (No.3)
Case
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[2015] FCCA 3344
•8 December 2015
Details
AGLC
Case
Decision Date
Venture and Venture (No.3) [2015] FCCA 3344
[2015] FCCA 3344
8 December 2015
CaseChat Overview and Summary
In *Venture and Venture (No.3)*, Judge Scarlett of the Federal Circuit Court of Australia considered an application by the Applicant father alleging contravention of court orders by the Respondent mother. The dispute concerned allegations that the Respondent mother had made disparaging remarks about the Applicant in the presence of the child, X, and had failed to facilitate the child's attendance at a specific activity.
The court was required to determine whether the Respondent mother had contravened specific orders made on 19 December 2014. Specifically, the court had to assess whether the Respondent had made disparaging or derogatory remarks about the Applicant in the presence or hearing of the child X, and whether she had failed to ensure the child's attendance at a particular activity.
Judge Scarlett found that the Respondent mother had contravened Order 15.4, which prohibited disparaging or derogatory remarks about the Applicant in the presence or hearing of the child. However, the court dismissed Count 2 of the Application-Contravention, which related to the alleged failure to facilitate the child's attendance at the specified activity, finding that a prima facie case had not been established for that particular contravention. The court did, however, find that a prima facie case had been established that the Respondent had contravened Order 15.1 on 12 June 2015.
The court was required to determine whether the Respondent mother had contravened specific orders made on 19 December 2014. Specifically, the court had to assess whether the Respondent had made disparaging or derogatory remarks about the Applicant in the presence or hearing of the child X, and whether she had failed to ensure the child's attendance at a particular activity.
Judge Scarlett found that the Respondent mother had contravened Order 15.4, which prohibited disparaging or derogatory remarks about the Applicant in the presence or hearing of the child. However, the court dismissed Count 2 of the Application-Contravention, which related to the alleged failure to facilitate the child's attendance at the specified activity, finding that a prima facie case had not been established for that particular contravention. The court did, however, find that a prima facie case had been established that the Respondent had contravened Order 15.1 on 12 June 2015.
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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Breach
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Jurisdiction
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Remedies
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Procedural Fairness
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Most Recent Citation
VENTURE & VENTURE (No.4) [2016] FCCA 870
Cases Cited
0
Statutory Material Cited
3