Contravention Applications:

A Contravention Application may be lodged by a party where another party to Court orders has contravened an order under Division 13A of Part VII of the Family Law Act 1975 (Cth) or an order not involving children like a property order under Part XIII of the Act. When lodging a contravention application, the initiating party should be aware of of the legal consequences. Our Family Lawyers have extensive experience in the area of contravention applications. Where a contravention application is lodged, the remedy a party is generally seeking will be either:

1. Impose a punishment for the contravention of the order; or
2. Impose another consequence for the contravention of the order.

Generally, when a party lodges a Contravention Application, they are looking for a quick remedy for the breach and further they are seeking to ensure that the original arrangements under the order are carried out. By way of hypothetical example, a parenting order may allow the father of a child to have visitation rights to the child. In reliance on this right, the father attends the home of the mother to pick up the child. If the mother refuses the father to see the child, then depending on the circumstances, that may constitute a contravention of the parenting order on the part of the mother and the father may then consider lodging a contravention order to ensure that the father’s visitation rights are enjoyed by the father and that the mother complies with her obligations under the Orders.

It is important that, before filing an application for a contravention of an order, you consider the result you want to achieve. For example, in the context of the example set out above, the father may only want his visitation rights enforced. There are, however, many other remedies available for a contravention of an order including:

• Ensuring that the arrangements set out in the original order are recommenced;
• An order compensating the father for lost contact time;
• An order varying an existing order;
• A notice that if the person does not comply with the order, the person will be reprimanded; 
• The issuing of a fine; or
• An imprisonment sentence.

In the example above, where the father is merely looking for his visitation rights to be recommenced, it may be more applicable for him to file an Application in a Case. If you are thinking of filing a contravention application, it is advisable to seek legal advice. Contravention Applications are complicated and involve complicated legal processes. Legal advice will ensure you get the result you are looking for in a timely manner. Book an initial consultation with our experienced Family Lawyers today by contacting us on (02) 9233 4048 or emailing us at info@navado.com.au.

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