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Family Law Education Network

Tag: Standard of proof

Fowles (No 3) [2026] FedCFamC1A 103

Full Court granted leave to appeal on the arguable question of whether the criminal standard of proof should apply to contravention proceedings under Part XIIIA that result in an order for imprisonment. The case turns on the unresolved tension between the long-standing authority of Lindsey and the High Court’s reasoning in Witham v Holloway, with the substantive appeal still to be heard.

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Fowles (No 3) [2026] FedCFamC1A 103

Full Court granted leave to appeal on the arguable question of whether the criminal standard of proof should apply to contravention proceedings under Part XIIIA that result in an order for imprisonment. The case turns on the unresolved tension between the long-standing authority of Lindsey and the High Court’s reasoning in Witham v Holloway, with the substantive appeal still to be heard.

| Read More