NSW Contravention application denied - can this be appealed?

[stephanielynne36]

Hello,

I am just seeking some general information about contravention orders and what happens when the application is denied.

NB: this is an issue happening to a relative of mine, not to me personally. I am a law undergraduate and wanting to know more information as I disagree with that my relative has been told.

Can a contravention application that has been denied be appealed? I have been told that it can’t and that the reason for denial is that there weren’t any dates on the court order (as in specific dates of when the father is to have his son). The court order specifies that the father is supposed to see his son every second Thursday at 2.45pm and must take him to school on the Friday. When he gets him on the Friday he must be returned to school on Monday morning as the hand over. He is also supposed to have custody for one week of school holidays.

None of these orders have been upheld by the mother for at least the past 3 months. My relative has applied for a contravention order but, allegedly, was denied on the basis that there were no specific dates in the court order.

I don’t want to disclose too much personal information but I’m just wondering if this decision can be appealed because the court order is continuously being breached and it seems like there are no remedies or options for my relative.

Any information is greatly appreciated.

Thank you.

 

[sammy01]

interim or final orders?
Surely they have a date.... That date is the day they are stamped by the court?

 

[Bizi]

Hi Stephanie, did your relative proceed with the appeal? I'm in a similar situation & curious of outcome, if any. Thanks!

 

[Rod]

I believe an appeal is possible. A judicial officer has made an decision. You'd need to closely look at the grounds for an appeal.

I can't see an error in law, unlikely to be an error on the facts, leaving the only ground as making a decision that is clearly wrong.

I fail to see why dates are needed on the order. Failing to win an appeal, they should be able to apply for a variation as existing orders are not sufficiently detailed enabling one party to deny access due to a lack of specificity. This is against the intent of the original orders. Might be better to try this rather than appeal. Food for thought.