In this article we go over the topic of meaning of contravention as the Family Law Act 1975 outlines. This article will explore Division 1 under Part XIIIA of the Family Law Act. Part XIIIA is titled 'sanctions for failure to comply with orders, and other obligations, that do not affect children.'
Division 1 under Part XIIIA is titled 'Interpretations' and it consists of 3 Sections namely Section 112AA, Section 112AB and Section 112AC. Section 112AA "Interpretation" states meanings of certain terms that appear under this Part.
Section 112AA: Interpretation and Meaning of Contravention
This Section of the Act states some meanings of words as they appear under Part XIIIA of the Act. Given below is a table that consists of terms that Section 112AA of the Act defines.
| Terms | Meaning |
| "applied provision" | means the provision of the laws of a State or Territory as modified by regulations under subsection 112AG (5), that because of regulations under that subsection, apply in relation to the sentence or order. |
| "court enforceable" | means:
(b) so much of a maintenance agreement as a court has, pursuant to paragraph 87(11)(c), ordered may be enforced as if it were an order of the court; or (c) a maintenance agreement registered in a court under subsection 86 (1), or deemed, by subsection 87 (6) to be registered in a court. |
| "maintenance order" | means an order made by the court under this Act that deals with the maintenance of a person other than a child. |
"Order Under this Act" in Relation to a Court Means:
(a) an order made by the court under this Act (other than a parenting order), or
(b) an injunction granted by the court under Section 90SS or 114 except in so far as the injunction is for the protection of a child, or
(c) an undertaking given to, and accepted by the court in proceedings under this Act other than proceedings that relate wholly or partly to, or to the making of, a parenting order, or
(d) a subpoena issued under the applicable Rules of Court in proceedings under this Act other than a subpoena issued in, and so issued to a party to, proceedings that relate wholly or partly to, or to the making of a parenting order, or
(e) a court enforceable agreement, or
(f) a bond:
(i) entered into under an order of a court under this Act other than an order under Division 13A of Part VII, or
(ii) entered into for the purposes of subsection 112AE (5); and includes an order, injunction, agreement or bond that:
(g) is an order under this Act made by another court because of paragraph (a), (b), (e) or (f), and
(h) has been registered in the first-mentioned court.
Section 112AB: Meaning of Contravene an Order
Section 112AB discusses the meaning of contravention. It states that for the purposes of this Act, a person would have contravened an order under this Act if:
a). where an order bounds a person - he or she has:
- intentionally failed to comply with the order, or
- made no reasonable attempt to comply with the order
b). in any other case - he or she has:
- intentionally prevented a person to comply with the order, or
- aided or abetted a contravention of the order by a person who must comply with it
Section 112AC: Meaning of Reasonable Excuse for Contravening an Order
This Section discusses the meaning of contravention and reasonable excuses that the court considers.
- The Section states that the circumstances in which a person may be taken to have had, for the purposes of this Part, a reasonable excuse for contravening an order under this Act include but are not limited to the circumstances set out in subsection (2) below.
- A person (the respondent in this subsection) would have a reasonable excuse for contravening an order under this Act if:
- the respondent contravened the order because, or substantially because, he or she did not, at the time of the contravention, understand the obligations imposed by the order on the person bound by it; and
- the court is satisfied that the respondent ought to be excused in respect of the contravention.
Importance of Seeking Legal Advice From Family Lawyers
This blog has outlined Sections of the Family Law Act that deal with meaning of contravention. It is not uncommon for parties to contravene or breach court orders. Many times, former partners may breach orders related to changeovers and custody schedules.
If you feel that your former partner's contravention has impacted you, there are steps you can take. If they did not have a reasonable excuse for contravention, they may be guilty of contempt of court.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.