QLD Application filing contravention

C'mon Louise, do you really think the archaic, barbaric and downright dinosaur known at the Family / Federal Court in this country would automate something like that....to make it easy for parents to file a contravention...UMMMM NOPE.

Sarcasm aside, contraventions are posted and contain the contravention sheets along with your current and previous orders and a current s60i certificate that is not older than 12 mths, you must also put together your affidavit...the go and visit a JP. then get the entire pack copied 3 or 4 times depending on how many people you need to serve. Put a cover page on each entire pack saying "original" "copy 1" "copy 2" etc etc do not staple anything together I had an entire contravention sent back in Queensland because it had staples in it... Use bulldog clips to hold each pack together and separate out the affidavits as well...post it off and then wait...

Also note, a contravention hearing is like a miny court case, there are a number hearings to be carried out...it doesn't get all sorted out on the first day...LIKE EVERYONE THINKS ...ohhhh no no no the ex gets giving multiple Times to say why they breached the orders...then the judge says...naughty person don't do it again. Quite frankly it's a bloody joke

Migz said:

contraventions are posted and ... along with ...a current s60i certificate that is not older than 12 mths,

Click to expand...

You sure about this for a contravention? In some situations I think this is not needed.

Morning Rod,

What you file with this form
The order, agreement or undertaking that you allege has been breached.

An affidavit.

A valid s.60I certificate or Affidavit of Non-Filing of Family Dispute Resolution Certificate (if seeking an exemption from the dispute resolution process).

s.60I certificates are valid for 12 months from the latest family dispute resolution or attempted resolution - see r.26(1) of Family Law (Family Dispute Resolution Practitioners) Regulations 2008.

If your application relates to an existing order that was made within the last 12 months and there are reasonable grounds to believe that the person who has allegedly contravened the order has behaved in a way that shows a serious disregard for his or her obligations under that order you should file an Affidavit of Non-Filing of Family Dispute Resolution Certificate.


So yes you are right Rod, it is possible to file a "non-filing of family dispute resolution certificate" as well.

Cheers
Migz


Application - Contravention - Federal Circuit Court of Australia

Not worth it if you are hoping for immediate action, and you case is still ongoing... if you want immediate action you would be better to file an "Application in a case".

BUT...if you have been to trial already, then yes, go ahead and file it...

If your case is still ongoing...ie, you haven't been to trial yet. Then yes an "Application In A Case" is the way to go, as you get to rewrite the orders you are seeking plus adding an affidavit showing the reason why. So even if it is tweaking the order(s) in question that are not being followed then do so.

Otherwise, file the Contravention Paperwork and get ready for long and drawn out roller coaster ride...

Depends on the seriousness of the contraventions.

Sometimes it is good to proceed just to stop the contraventions getting worse once the ex realises you will do nothing.

And you can ask the court what papers/forms need to be filled in.