Cary and Dalgard

In the Federal Circuit Court of Australia, the applicant, Ms. Cary, sought various orders against the respondent, Mr. Dalgard, in relation to child support obligations and a contravention application. The proceedings involved complex procedural matters, including the joinder of a second respondent, dispensing with further service, and the issuance of Third Party Debt Notices.

The court was required to determine whether to join Ms. G as a second respondent, dispense with further service on the respondents, grant leave to issue Third Party Debt Notices for specified weekly sums, and permit alternative methods of service for the proceedings. Additionally, the court had to consider the re-instatement of a contravention application, the filing of a response by the respondent, and the listing of the contravention application for hearing. The court also had to determine the applicant's costs and the dismissal of extant applications.

Judge Harland made a series of orders addressing these issues. Ms. G was joined as the Second Respondent, and further service on her was dispensed with. The applicant was granted leave to file two Third Party Debt Notices, one for child support payments to the Registrar of Child Support and another for legal costs to WMB Lawyers, with certain procedural requirements for these notices being dispensed with. The applicant was also permitted to serve the respondents by post and email, dispensing with personal service. The contravention application was re-instated, and the respondent was ordered to file an affidavit in response by a specified date, with the application to be listed for hearing. The respondent was ordered to pay the applicant's costs fixed at $10,000.00, and all other extant applications, save for the contravention application, were dismissed.