JACKSON & WINCH

[2014] FCCA 1314

FEDERAL CIRCUIT COURT OF AUSTRALIA

JACKSON & WINCH [2014] FCCA 1314

Catchwords:
FAMILY LAW – Contravention Application – findings by consent of contravention without reasonable excuse – imposition of penalty by consent of bond without financial penalty.

COSTS – Assessment of – costs as a deterrent to future breaches – financial circumstances of the mother warrant substantial reduction to amount otherwise payable pursuant to Federal Circuit Court Rules.

Legislation:

Federal Circuit Court Rules 2001, sch. 1

Applicant: MR JACKSON

Respondent: MS WINCH

File Number: WOC 123 of 2013

Judgment of: Judge Altobelli

Hearing date: 12 May 2014

Date of Last Submission: 12 May 2014

Delivered at: Wollongong

Delivered on: 12 May 2014

REPRESENTATION

Solicitors for the Applicant: Robertson Lawyers

Respondent: In person

ORDERS

1. By consent the Court finds that, without reasonable excuse, on 23 October 2013 the Mother contravened orders 4(f) on 18 October and 4(a)(i) of the orders made 6 May 2013.

2. By consent the court orders that the Mother enter into a bond without financial penalty to comply with Court orders for a period of 2 years.

3. The Respondent Mother is to pay costs of the Applicant Father, assessed at $750, within 2 months.

IT IS NOTED that publication of this judgment under the pseudonym Jackson & Winch is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT WOLLONGONG

WOC 123 of 2013

MR JACKSON

Applicant

And

MS WINCH

Respondent

REASONS FOR JUDGMENT

Ex Tempore

1. In relation to the Amended Contravention Application filed 13 March 2014, by consent the Court finds that, without reasonable excuse, the mother contravened Order 4(f) on 18 October and Order 4(a)(i) on 23 October of Orders made 6 May 2013.

2. Again, by consent the Court orders that the mother enters into a bond without financial penalty to comply with Court Orders for a period of two years.

3. I am asked to make an Order for costs following the Orders that I have just made. I am informed that the applicant’s actual costs are over $5000. I prefer to make an Order for costs based on Schedule 1 to the Federal Circuit Court Rules 2001.  Using that, the costs would more likely be in the vicinity of about $2,250.  I need to take into account, however, the financial circumstances of the respondent.  I also take into account that, as a result of the settlement today, the actual costs have been greatly reduced.  I think the costs Order is necessary, because it acts as a deterrent to future breaches of the Orders, but I think the costs Order needs to reflect the financial circumstances of the mother. 

4. In these circumstances, even though an application of the schedule would probably result in a minimum order of $2250, I’m going to order:

   ORDERS DELIVERED

I certify that the preceding four (4) paragraphs are a true copy of the reasons for judgment of Judge Altobelli

Associate: 

Date:       23 June 2014