Mead v Mead [2007] HCA 25

HIGH COURT OF AUSTRALIA

GLEESON CJ

HAYNE, CALLINAN, HEYDON AND CRENNAN JJ

COLIN ANTHONY MEAD APPELLANT

AND

LUCY GUITAR MEAD RESPONDENT

Mead v Mead [2007] HCA 25

22 May 2007

S123/2007

ORDER

1. Appeal allowed with costs.

2. Set aside the orders of the Full Court of the Family Court of Australia made on 25 August 2006.

3. Remit the matter to a differently constituted Full Court of the Family Court of Australia for hearing and determination in accordance with the reasons of this Court.

4. The costs of the appeal to the Full Court, including the costs of the proceedings in that Court up to and including its order of 25 August 2006, are reserved to the Full Court that hears and determines the appeal to that Court.

On appeal from the Family Court of Australia

Representation

D J Fagan SC with V V Bedrossian for the appellant (instructed by Etheringtons Solicitors)

The respondent appeared in person

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

1. GLEESON CJ. This is an appeal from a decision of the Full Court of the Family Court of Australia which, by majority, (Holden and Coleman JJ, May J dissenting), allowed an appeal from Cohen J in relation to proceedings for contempt brought by the appellant against the respondent. Although the respondent was represented by senior and junior counsel at the application for special leave to appeal to this Court, she is without legal representation in the present appeal. 2. The proceedings for contempt arose out of orders made by Judicial Registrar Johnston on 30 August 1999, by Rose J on 7 September 1999 and by Cohen J on 2 November 2001. For present purposes the operative order was that of Rose J who, on 7 September 1999, ordered:

"That upon the wife giving the usual undertaking in relation to damages, I continue the orders made 30 August 1999 until further order."