VIC Sharing Family Matters breaching Family Law Act s121

[kimbapuppy]

If someone is found to breach/contravene the Family Law Act s121 by sharing the filed court documents with others not party to the proceedings, what recourse can I take in and in which court?

 

[GlassHalfFull]

I'm not sure if it's for the individuals involved in the case to take action against contraventions of the Family Law Act. It's surely a matter for the court itself to take action? Presumably in the same court that the court case was filed in, but I have no specific insight there.

 

[kimbapuppy]

I raised this breach in front of the Family Law Judge and she blasted the other party requesting the court send her information on s121.

 

[moshka]

Griaß eich! Nachdem ich in der letzten Zeit einige Rückschläge bei Wetten in Wels hinnehmen musste, wollte ich eigentlich eine Pause einlegen. Ein Kumpel zeigte mir dann chicken road und meinte, die Benutzeroberfläche dort sei besonders einfach. Ich habe es noch einmal probiert und wurde mit einem tollen Erfolg bei den Online-Slots belohnt. Der Gewinn hat meine Bilanz wieder ausgeglichen. Die technische Umsetzung der gesamten Plattform in Österreich ist wirklich klasse.

 

[qeyequyo]

I came across this older discussion and wanted to add that it might be worth checking if there have been any updates to the Family Law Act regarding penalties for s121 breaches since the thread was posted. Laws can change over time, and new case law could provide additional guidance. Does anyone know if there have been any significant changes or recent cases related to this?

 

[Noel Harris]

The old section 121 publication restriction has now been replaced by Part XIVB of the Family Law Act. In broad terms, sections 114Q and 114R restrict publishing or communicating information about family law proceedings in a way that identifies parties, witnesses or others involved, for example by posting details on social media or a public forum. It is a criminal offence, not a civil wrong you sue over directly, so the appropriate recourse may include raising it with your solicitor, asking the court dealing with the family law matter to address the conduct, or reporting it to police for potential prosecution in a court with criminal jurisdiction.

Whether particular conduct actually falls within these publication restrictions can be a fine legal question. Sharing something with one or two specific individuals privately, rather than to the public or a section of the public, may not meet the threshold, even if it feels like a serious breach of trust. Because the wording and exceptions are quite technical, it's worth getting specific advice from a family law solicitor on whether what happened meets the legal definition before deciding how to pursue it, since that will determine whether a police report, an application or complaint in the existing proceedings, or another remedy is the right path.

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Disclaimer: Please note information in this response is general in nature and should not be treated as legal advice. It may not be complete or up to date for your specific situation. Independent legal advice is always recommended.