Fulton and Packer

In proceedings before Hogan J, the Applicant sought the dismissal of an Application – Contravention filed on 23 November 2016. The Applicant indicated an intention to rely on specific affidavits filed on 17 July 2017 and 3 August 2017 at a future hearing. The dismissal of the earlier application was sought on the basis that its assertions were contained within a subsequent Application – Contravention filed on 17 July 2017.

The court was required to determine whether to dismiss the earlier Application – Contravention and to make orders regarding the future conduct of the proceedings, including the admission of evidence and the method of service. The court also considered the admissibility of email correspondence and a medical certificate provided by the Respondent.

Hogan J ordered that the Application – Contravention filed on 23 November 2016 be dismissed. The court adjourned the hearing of the Application – Contravention filed on 17 July 2017 to 31 August 2017. Email correspondence and a medical certificate from the Respondent were marked as Exhibit 1, and service of documents upon the Respondent was deemed effective if transmitted via email to a specified address. The Applicant was ordered to provide a copy of any email effecting service at the adjourned hearing.