Contravention Applications Or Orders

When someone does not follow the orders or directions of the Court, they may be subject to a Contravention or Enforcement application to make sure that they comply. 

Under a Contravention Application, the Court may make orders that;

• Compensate a party for any time missed with the child/ren as a result of the other parties’ breach of the Orders;
• Vary existing Orders in a proceeding;
• Ensure that the parties comply with the earlier Orders;
• Place a party on notice that non-compliance may result in punishment; or,
• Impose punishment such as fines or imprisonment. 

The Court has established a National Contravention List to hear all Contravention Applications filed in the Federal Circuit and Family Court of Australia from 1 September 2021. A party may also apply for the orders to be resumed or varied by way of an Application in a Proceeding, or an application to Vary the Primary Order. 

Enforcement Application

If your focus is on resuming the orders that have been breached, instead of penalising the party in breach, an Enforcement Application may be more appropriate. An Enforcement Application (with a supporting affidavit) aims to achieve implementation of the original orders.

Similarly, to Contravention Applications, a breach is excusable where a party has a reasonable excuse under the Family Law Act 1975, being that a breach was necessary for protecting someone’s health and safety, the breach continued for no longer than necessary, or they did not understand that they were breaching the orders at the time.