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Significant cases published May 2024

Federal Circuit and Family Court of Australia – (Division 1) Appellate Jurisdiction   

Allwright & Allwright [2024] FedCFamC1A 79 (14 May 2024)

CONTRAVENTION PROCEEDINGS – Nature of contravention proceedings – Where the appellant failed to prove that the primary judge pressured her to continue the contravention hearing without a lawyer appointed pursuant to s 102NA – Where the primary judge and self-represented appellant miscommunicated and the appellant wrongly believed she could not adduce further evidence beyond an affidavit –Contraventions involving obligations affecting children are a different scheme to those that do not – Where the primary judge erred by not considering and distinguishing contraventions under two different statutory schemes – Where the primary judge’s orders failed to identify the specific count in the Contravention Application – Requirement for particularity including in the disposition of a contravention – Privilege in respect of self-incrimination – No obligation upon an alleged contravener to give evidence or to file an affidavit – Appeal allowed – Orders relating to the alleged contraventions be set aside – Matter remitted for rehearing to a judge other than the primary judge.

 

Federal Circuit and Family Court of Australia – (Division 1)  

Dworak & Watts (No 3) [2024] FedCFamC1F 168 (19 March 2024) 

COSTS – Costs of the Independent Children’s Lawyer following completion of final hearing and delivery of final judgment – Where the parties oppose the application by the Independent Children’s Lawyer – Where the final orders were made substantially in accordance with the orders proposed by the Independent Children’s Lawyer – Where the parties conduct in the proceedings caused delay – Orders made for the parties to pay the costs of the Independent Children’s Lawyer in a fixed sum

 

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