VIC I have been served contravention and contempt of court, Federal Circuit Court

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Anthony Murray

Active Member
10 April 2018
11
0
31
Dear Members

I am changing a few details in case the applicant is in this forum. The situation is that; the Applicant signed consent orders mid 2018 that give me sole parental responsibility. Since around mid 2019 there have been constant threats of court action for their misrepresentation of the orders, e.g my sole parental is extremely conditional and limited to (no such words in the order). The applicant is a Narcissist and cannot be reasoned with, there was a past IVO and an interim one in place due to over a dozen threats of court action leading to nothing. After the IVO was served, an Application for contravention and contempt of court was filed in the Federal Circuit Court. It was clearly rushed, not filed by a lawyer and full of errors and lies. Just filed in retribution it seems.

I have a lawyer acting but would like to know what the court would do with a self-represented litigant who makes numerous false allegations of contravention and contempt? I am very confident that the allegations are a misrepresentation of the final orders/family law, or outright lies.

I'm actually not the person involved but very close to them.
 

Atticus

Well-Known Member
6 February 2019
925
149
2,394
I have a lawyer acting but would like to know what the court would do with a self-represented litigant who makes numerous false allegations of contravention and contempt?
Contravention & contempt are two separate applications.... a finding of contempt is generally only applied to cases of serious & flagrant disregard of a court order... Usually along the lines of withholding a child contrary to orders without reasonable excuse after having already had a similar finding in the past...

Obviously the alleged contravention/s would have to be considered on merit, but if there was a previous contravention application brought before the court, AND in the current application, the alleged contraventions/s were not established, then under subdivision C, FAMILY LAW ACT 1975 - SECT 70NCB Costs the court can order the applicant pay part or all the respondents legal costs.

If that were to happen, then In addition to above, I would recommend that you request the court place a an order prohibiting the person from instituting proceedings, or proceedings of a particular type, under the act in a court having jurisdiction under the act... Pursuant to SECTION 102QB of the Act
The applicant is a Narcissist
Unless you have an actual psychologist finding that you want an expert witness to tender to court testifying that this person IS actually a narcissist, then it's just your opinion... Also irrelevant as a narcissist can still be the subject of a contravention against them
 

Poidah

Well-Known Member
9 November 2017
90
3
294
Qld
full of errors and lies.
Errors and lies that can be proved by objective evidence that is incontrovertible though?
Any of those lies have physical evidence that is clear to anyone reading or viewing it? Maybe focus on issues that are easier to prove and try to introduce some accountability and clarity to the issues? Hopefully over time, you would have enough evidence in court that show a clear series of "errors and lies". Hopefully that would allow you to introduce proceedings to protect the court's time as Atticus suggested, or require a registrar review before being introduced to court, etc.

If you claiming that they are mentally unwell however, ie narcissistic, the bar of proof only gets higher unfortunately. If they are mentally unwell, then any nasty and vexatious intent may only be clouded by their illness. If someone is psychotic and their delusion is their falsehood, then they are not intentionally lying to the court and to you, it is their illness whereas they are perfectly reasonable outside their delusion. You have to make it clear to the court that they are aware of the falsehood and error despite that, they were keen to proceed out of spite and harm to you. Do you have evidence that such proof was made aware to them at a certain time, and yet they still proceeded to file the claim despite being aware that it was "full of errors and lies"? Very tough stuff.
 

Anthony Murray

Active Member
10 April 2018
11
0
31
Dear Members

I am changing a few details in case the applicant is in this forum. The situation is that; the Applicant signed consent orders mid 2018 that give me sole parental responsibility. Since around mid 2019 there have been constant threats of court action for their misrepresentation of the orders, e.g my sole parental is extremely conditional and limited to (no such words in the order). The applicant is a Narcissist and cannot be reasoned with, there was a past IVO and an interim one in place due to over a dozen threats of court action leading to nothing. After the IVO was served, an Application for contravention and contempt of court was filed in the Federal Circuit Court. It was clearly rushed, not filed by a lawyer and full of errors and lies. Just filed in retribution it seems.

I have a lawyer acting but would like to know what the court would do with a self-represented litigant who makes numerous false allegations of contravention and contempt? I am very confident that the allegations are a misrepresentation of the final orders/family law, or outright lies.

I'm actually not the person involved but very close to them.
Dear Members

I am changing a few details in case the applicant is in this forum. The situation is that; the Applicant signed consent orders mid 2018 that give me sole parental responsibility. Since around mid 2019 there have been constant threats of court action for their misrepresentation of the orders, e.g my sole parental is extremely conditional and limited to (no such words in the order). The applicant is a Narcissist and cannot be reasoned with, there was a past IVO and an interim one in place due to over a dozen threats of court action leading to nothing. After the IVO was served, an Application for contravention and contempt of court was filed in the Federal Circuit Court. It was clearly rushed, not filed by a lawyer and full of errors and lies. Just filed in retribution it seems.

I have a lawyer acting but would like to know what the court would do with a self-represented litigant who makes numerous false allegations of contravention and contempt? I am very confident that the allegations are a misrepresentation of the final orders/family law, or outright lies.

I'm actually not the person involved but very close to them.
Thank you so much Atticus, you have given me a lot to think about. I appreciate the level of detail you have provided, it is very helpful for the situation I'm in.

Have a great day
 

Anthony Murray

Active Member
10 April 2018
11
0
31
Errors and lies that can be proved by objective evidence that is incontrovertible though?
Any of those lies have physical evidence that is clear to anyone reading or viewing it? Maybe focus on issues that are easier to prove and try to introduce some accountability and clarity to the issues? Hopefully over time, you would have enough evidence in court that show a clear series of "errors and lies". Hopefully that would allow you to introduce proceedings to protect the court's time as Atticus suggested, or require a registrar review before being introduced to court, etc.

If you claiming that they are mentally unwell however, ie narcissistic, the bar of proof only gets higher unfortunately. If they are mentally unwell, then any nasty and vexatious intent may only be clouded by their illness. If someone is psychotic and their delusion is their falsehood, then they are not intentionally lying to the court and to you, it is their illness whereas they are perfectly reasonable outside their delusion. You have to make it clear to the court that they are aware of the falsehood and error despite that, they were keen to proceed out of spite and harm to you. Do you have evidence that such proof was made aware to them at a certain time, and yet they still proceeded to file the claim despite being aware that it was "full of errors and lies"? Very tough stuff.
Thank you Poidah, you too have given me a lot to think about. Will visit the registrar and seek their view, I'm also waiting to hear back from my lawyer so thankful that forum members have given me some advice.

Have a great day
 

Anthony Murray

Active Member
10 April 2018
11
0
31
Errors and lies that can be proved by objective evidence that is incontrovertible though?
Any of those lies have physical evidence that is clear to anyone reading or viewing it? Maybe focus on issues that are easier to prove and try to introduce some accountability and clarity to the issues? Hopefully over time, you would have enough evidence in court that show a clear series of "errors and lies". Hopefully that would allow you to introduce proceedings to protect the court's time as Atticus suggested, or require a registrar review before being introduced to court, etc.

If you claiming that they are mentally unwell however, ie narcissistic, the bar of proof only gets higher unfortunately. If they are mentally unwell, then any nasty and vexatious intent may only be clouded by their illness. If someone is psychotic and their delusion is their falsehood, then they are not intentionally lying to the court and to you, it is their illness whereas they are perfectly reasonable outside their delusion. You have to make it clear to the court that they are aware of the falsehood and error despite that, they were keen to proceed out of spite and harm to you. Do you have evidence that such proof was made aware to them at a certain time, and yet they still proceeded to file the claim despite being aware that it was "full of errors and lies"? Very tough stuff.
Hi Poidah,
My background is as an Assessor and Auditor, over 25 years experience. There were 10 contraventions listed and then those same contraventions were listed as Contempt of Court in the same application. I've been through all the allegations, where the evidence provided is only snippets of the full written transcripts (e.g. text messages or emails). I can provide the court full evidence to show how events transpired and how I complied with the Final Consent Orders.

There are 3 instances where the allegations of contravention/contempt are a clear misrepresentation or their misunderstanding of the Orders, in particular, what sole parental responsibility means. I'll be providing my lawyer with the evidence also.

Thanks again Poidah and Atticus, I am so grateful
 

Poidah

Well-Known Member
9 November 2017
90
3
294
Qld
3 instances where the allegations of contravention/contempt are a clear misrepresentation or their misunderstanding of the Orders
Misrepresentation and misunderstanding is very different from "errors and lies" though. Anything within the realm of interpretation is open game unfortunately. Only those that are solidly backed up with objective evidence and also an admission to the awareness of that they are aware of how it is an "error and lie" is the very high mark of clear contempt unfortunately.

Well done discussing with your lawyer and hopefully you are able to appreciate the need to educate and provide support as part of this process. Let others proceed with the issue of contempt (it should become obvious over time), and you can tackle the issue of contraventions methodologically and slowly set up accountability structures after a clear education and clarification.