A contravention application is the formal mechanism for bringing a breach of family court orders before the Federal Circuit and Family Court of Australia. When one party has failed to comply with an order without a reasonable excuse, the other party can file a contravention application seeking that the court address the breach and impose appropriate consequences.
What Is a Contravention Application?
Under the Family Law Act 1975, a contravention application asks the court to find that a person has breached an order and to impose a remedy or sanction. For parenting orders, the contravention provisions are set out in Part VII, Division 13A, while separate provisions apply to other types of orders. The application must clearly identify:
- The specific order that has been contravened
- The nature and details of each alleged contravention
- The dates on which the contraventions occurred
- The evidence supporting the allegations
- The orders sought as a result of the contravention
The applicant carries the burden of proving the contravention. The standard of proof depends on the severity of the sanction sought. For less serious remedies, the civil standard applies (balance of probabilities). For more serious sanctions such as imprisonment, the criminal standard applies (beyond reasonable doubt).
The Contravention Hearing Process
- Filing the application: The contravention application is filed with the court along with a supporting affidavit detailing the breaches and the evidence relied upon.
- Service: The application must be served on the respondent, who is given an opportunity to file material in response.
- First hearing: The matter comes before the court, where the judicial officer may attempt to resolve the dispute, make interim orders, or set the matter down for a contested hearing.
- Contested hearing: If the contravention is disputed, the matter proceeds to a hearing where evidence is presented and tested. The court determines whether a contravention occurred and, if so, what orders are appropriate.
The court distinguishes between less serious contraventions (where no prior contravention has been established) and more serious contraventions (where a contravention has previously been found). More serious contraventions attract a wider range of sanctions.
Reasonable Excuse
A person who has breached an order may raise a "reasonable excuse" as a defence to a contravention application. The Family Law Act sets out specific circumstances that may constitute a reasonable excuse, including:
- The person did not understand the obligations imposed by the order (but this is only available in limited circumstances)
- The person believed on reasonable grounds that their actions were necessary to protect the health or safety of a child or themselves
- The contravention was due to circumstances beyond the person's control
The burden of establishing a reasonable excuse falls on the person alleged to have breached the order.
How Reid+Alexander Lawyers Can Help
Whether you are filing a contravention application or defending one, having experienced legal representation is critical. At Reid+Alexander Lawyers, we carefully assess the evidence, advise on the likely outcomes, and present your case with clarity and precision. We understand that breaches of orders are often highly emotional situations, and we provide calm, strategic guidance throughout the process.
"A contravention application is a serious step. We ensure every application we file is supported by strong evidence and directed towards achieving a practical, enforceable result."
If family court orders are being breached, or if you are facing a contravention application, contact us for prompt legal advice.