Author

Alan Weiss

23rd March, 2020

Alan Weiss developed aussiedivorce.com.au after he experienced himself how devastating divorce proceedings can be. I witnessed firsthand my own future security, and that of my familys, being destroyed by acrimonious and costly divorce litigation. I created aussiedivorce.com.au to help people avoid an experience like this and lose thousands of dollars. Instead the aussiedivorce.com.au system will assist them in getting on with their lives.

Contravention is a breach of court orders

To inform the court of the contravention, an application for contravention will need to be filled out.  This is necessary if you wish to obtain a Court order which will impose a punishment on an individual for contempt of court. Typically, it is made use of for an application that alleges a parenting order breach under the Family Law Act or an order that does not affect children e.g. a property order which is Part XIII of the Act.

It is important to consider what you wish to achieve from filing an Application - Contempt. The Court may remedy the contempt by enforcing the order or subjecting the person to a punishment because they did not heed the order.

The Court could make an order which:

  • makes sure that any arrangements laid out in a previous order are enforced;
  • provides compensation to a person who has lost contact time;
  • is a variation of a current order;
  • warns the person that they must obey the order or they will receive a punishment;
  • gives out a punishment in the form of a fine or a period in prison.

If you actually do not wish for the other party to be punished in the form of a fine or a prison term for the breach but you would prefer that the other person committed his or herself to the arrangements that had been agreed on in an earlier order, you might be in the position to file an Application in a Case and not an Application in Contempt.

Contempt of court issues must be taken seriously as the perpetrator could receive a severe punishment, for example, if failing to follow an order involves  complete disregard for the Court's authority then an Application for Contempt is justifiable.

If you really believe that your situation warrants this action you should hire an experienced family law lawyer who will ensure that your intentions are justified and there is no simple way of coming to a compromise. He or she can ensure that the legal terminology is explained so that no misunderstandings take place.

The form must be completed, signed and filed at the Court. You must make photocopies of the original so that those concerned can be supplied with these copies. There is a filing fee too.

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