Fulton and Packer (No 2)
Case
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[2017] FamCA 804
•10 October 2017
Details
AGLC
Case
Decision Date
Fulton and Packer (No 2) [2017] FamCA 804
[2017] FamCA 804
10 October 2017
CaseChat Overview and Summary
The matter before Hogan J concerned an application for contravention filed on 17 July 2017, brought by an applicant against a respondent. The proceedings were part heard and were further adjourned.
The court was required to determine the continuation of the hearing of Counts 1, 2, and 3 of the application, and to make orders regarding the attendance of parties and the consequences of non-attendance. Additionally, the court considered arrangements for the applicant to appear via video link and the service of the court's orders.
Hogan J ordered that the remaining counts of the application be further adjourned to 16 October 2017, with all parties required to attend in person. The court stipulated that the hearing would proceed in the absence of any party who failed to appear, based on the admissible evidence filed. The applicant was given the option to appear via video link from the Lismore Registry, provided written notification was given by 12 October 2017. Service of the order was to be effected by email to the respondent's provided address. The applicant also indicated that certain witnesses for the respondent were not required for cross-examination, and that the matter could proceed without cross-examination of Ms KK if she was unavailable.
The court was required to determine the continuation of the hearing of Counts 1, 2, and 3 of the application, and to make orders regarding the attendance of parties and the consequences of non-attendance. Additionally, the court considered arrangements for the applicant to appear via video link and the service of the court's orders.
Hogan J ordered that the remaining counts of the application be further adjourned to 16 October 2017, with all parties required to attend in person. The court stipulated that the hearing would proceed in the absence of any party who failed to appear, based on the admissible evidence filed. The applicant was given the option to appear via video link from the Lismore Registry, provided written notification was given by 12 October 2017. Service of the order was to be effected by email to the respondent's provided address. The applicant also indicated that certain witnesses for the respondent were not required for cross-examination, and that the matter could proceed without cross-examination of Ms KK if she was unavailable.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
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Administrative Law
Legal Concepts
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Procedural Fairness
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Jurisdiction
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Costs
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Stay of Proceedings
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Natural Justice
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