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Contravention Dismissed

I just got back from court self representing in a Contravention Hearing against me.  I won. 

7 weeks ago we were in court to have a hearing to bring the next date for the matter forward from December 2012 because the Applicant (my ex) wasn't happy with it being that far away.  His Application in a  Case was dismissed, but the date was brought forward, partly because changing the parenting orders couldn't happen until the contravention was dealt with.

I had got wind that he wasn't going to be at the final hearing but was only told officially 3 days ago and asked to agree to an adjourment because his work roster meant he and his witness couldn't appear.  What the ……  We had spent a morning in court only 6 weeks ago bringing it forward and now he wants is adjourned, back to closer to the date we already had!

I did not agree and at court today the FM agreed with my submission to have the contravention dismissed! 

The Applicant is left with egg on his face because didn't turn up for a date he asked for, didn't comply with one of the other orders made at the last mention to produce his proposed new orders, didn't produce an affidavit or any documentation as to why the hearing should be adjourned and had to have a stand-in Barrister who was briefed Friday afternoon to appear this morning and hadn't even been given all the information correctly!

We do still have to continue with the parenting matter and that has a next mention in just over 3 weeks.

But I can finally relax and stop thinking about and spending time planning to defend myself and cross examine him and his witness. 

Justice, fairness and being reasonable won the day. 

Thanks to those of you that helped me on this forum.

God grant me the serenity to accept the things I cannot change, courage to change the things I can and the wisdom to know the difference.
Good to see you can now move on to the substantial matters and then get things settled… There is a valuable lesson here. If you are filing contravention proceedings you need to turn up on the date requested. If this was a case with legal representation there would have been an application for costs orders. I think I have heard of some SRL's getting some minimal costs such as travel costs reimbursed. The SRL's could give advice here.


Executive Secretary - Shared Parenting Council of Australia
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I concurr…no matter how trivial the case for contravention…and especially where you know that the other party may not attend to defend/prosecute pull a lawyer off the street, if need be…because establishing costs to deter the other party is something to well consider.   It was my mistake in enforcing a cost order recently…
In regard to costs, I did ask the Duty Solicitor and she said I could ask for costs but it is highly unlikely I would get anything.  I must admit I did forget to ask for costs and the FM was pretty short and to the point at the end and I never got the opportunity.  I think it is too late now, but I also don't want to have to write another affidavit and can't face the thought of more court time as I am already there again in 3 weeks for the children's orders.

It is all very well saying pull a lawyer off the street, but what is the point.  As far as I am aware, costs are generally a standard fee and alll the costs might not be covered anyway.  As far as a deterrent, well in this case that wouldn't work.  My ex has money to throw away earning more than 6 times what I earn and clearly does not care about costs.  Otherwise he wouldn't have spent another $1500 on Barrister's fees bringing the case forward just to not turn up on the day!

I have said it before, my ex has a personality disorder and someone like that operates in another universe and you can't fathom their thinking.  I have no doubt that I will continue to be in court until the youngest is 18 because he enjoys making my life a misery and for him this is probably revenge for me leaving him.  Who knows!  I just know a paltry $1000 when he earns in excess of $350,000 is nothing to him. 

If we keep going back to court I will have to try and do something but right now, I just have to move on and deal with the orders for the children.  I won the battle but the war continues.

God grant me the serenity to accept the things I cannot change, courage to change the things I can and the wisdom to know the difference.
Larissap

Being awarded costs can be very bitter sweet.   The other party has the child…earns heaps….contravenes court orders….arranges flights to impossible destinations at the sparrow's farts hour…then today when the wages where garnisheed for court costs, I was not allowed to speak to my daughter, as per the orders…ah since whenever this that a normal practice????

Phys-co…is what I am dealing with…blames me for the current marriage breakdown (we don't even live in the same jurisdiction), has the Gaul to state this in a signed court affidavit.  I am so over petty behaviours…convincing lies to ATO and SSAT…'he who weeps most screws the other worst…I am now counting down the number of emails to arrange school holiday contact until child turns 18 or has enough sense that not all is right…this is getting below 10 holidays…Unfortunately how sad is my demeanour towards someone that was involved in the miracle of creating the wonderful child.
EMW1965 said
Larissap

Unfortunately how sad is my demeanour towards someone that was involved in the miracle of creating the wonderful child.
 
Larissap - you hit the nail on the head…. You may not like them, but at the end of the day they are the other parent to your child, without them you would not have that gift. Sometimes we have to lick our wounds and realise, without the other side we wouldn't have the things we have, sure on the other token we wouldn't have the pains we now have, but at the end of the day whats more important.

Executive Member of SRL-Resources, the Family Law People on the site (Look for the Avatars).   Be mindful what you post in the public areas
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