Contravention Proceedings
When a court order is made in family law proceedings — whether it relates to PARENTING ARRANGEMENTS or financial matters — all parties are legally bound to comply. Breaching a court order without reasonable excuse is a serious matter that the Federal Circuit and Family Court of Australia treats with significant weight.
If the other party has failed to follow the terms of your court order, you may be entitled to file a contravention application. Equally, if you’ve been accused of breaching an order, it’s critical to get legal advice immediately. At Meredith Family Lawyers, we act for both applicants and respondents in contravention proceedings across Sydney.
What is a contravention application in Australia?
A contravention application asks the court to deal with someone who hasn’t followed a parenting order or other family court order. Under the Family Law Act 1975, the court first decides whether the order was breached and whether the person had a reasonable excuse. If it finds a breach without reasonable excuse, it can make orders such as make-up time with the child, a bond, a costs order or a fine. More serious or repeated breaches can lead to harsher penalties.
- Who can apply: a person affected by the breach, usually the other parent or a person with a parenting order in their favour
- Where: the Federal Circuit and Family Court of Australia
- What the court decides: whether an order was breached, and whether there was a reasonable excuse
- Possible outcomes: make-up time, a bond, a fine, costs, and for serious breaches, community service or imprisonment
- Also affects the person accused: you can defend an application, for example by showing a reasonable excuse
Not sure where you stand? Your first 15-minute phone call with our team is free. Call 1300 537 306.
David Meredith has practised family law since 2002.
What Happens If a Contravention Is Proven?
If the court finds that a contravention has occurred and there was no reasonable excuse, it has a range of remedies available. The court will consider the nature of the breach, whether it was intentional, and whether it is part of a pattern of non-compliance.
Possible outcomes include:
– A formal order requiring future compliance
– Make-up time or compensatory time for the affected party (particularly in parenting matters)
– Variation of the existing order
– Requiring the contravening party to attend a post-separation parenting program
– Payment of the other party’s legal costs
– Fines or community service orders
– In serious or repeated cases, imprisonment
What Is a "Reasonable Excuse"?
A respondent to a contravention application may avoid penalties if they can establish a reasonable excuse for non-compliance. The Family Law Act recognises two primary categories:
1. The person did not understand that their conduct constituted a breach of the order.
2. The person believed on reasonable grounds that the contravention was necessary to protect the health or safety of a person (including themselves or a child).
The court will scrutinise whether the excuse is genuinely reasonable in the circumstances. Having legal representation to properly establish or challenge this defence is essential.
How We Can Help
Whether you need to file a contravention application or defend one, Meredith Family Lawyers provides clear, strategic advice from the outset. We’ll assess the strength of your position, help you gather the necessary evidence, and represent you at every stage of the proceedings.
We understand that contravention matters — particularly those involving children — are often urgent and emotionally charged. Our team moves quickly to protect your rights and, where possible, to resolve the matter without the need for a contested hearing.
If you believe a court order has been breached, or you’ve received a contravention application, contact our Sydney office today for a confidential consultation.
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Frequently Asked Questions
A contravention application is a formal court application made when one party believes the other has breached a family law order without reasonable excuse. The court can impose penalties ranging from fines and make-up time through to imprisonment in serious cases.
There is no strict limitation period for contravention applications, but the court may take into account delays. It’s generally advisable to act promptly, particularly where children’s time arrangements are involved.
Yes. Repeated lateness that breaches the specific terms of a parenting order can constitute a contravention. However, the court will look at the pattern of behaviour and whether it materially affects compliance with the order. Document each incident carefully.
You are not legally required to have a lawyer, but contravention proceedings can be complex — particularly when the other party argues a reasonable excuse. Legal representation significantly improves your ability to present evidence effectively and protect your position.
