JARRAH & FADEL
Case
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[2014] FamCA 47
•31 January 2014
Details
AGLC
Case
Decision Date
JARRAH & FADEL [2014] FamCA 47
[2014] FamCA 47
31 January 2014
CaseChat Overview and Summary
In the matter of *Jarrah & Fadel*, heard before Johnston J, the dispute concerned the service of the mother's affidavit and the father's application to adjourn a hearing. The court was required to determine the appropriate method of service for the mother's affidavit and whether the father's application for an adjournment should be granted.
The court reasoned that service of the mother's affidavit could be effected by delivery to the father's residential address. It further indicated that an affidavit confirming delivery to the father's mailbox would be accepted as proof of good service. Regarding the adjournment, the court dismissed the father's application.
Consequently, the court ordered that the mother serve her affidavit sworn on 23 January 2014 by delivering it to the father's address as soon as possible. The court also ordered that the father file and serve a list of affidavits he intended to rely on by 12 February 2014, and he was granted leave to file any further affidavits by the same date.
The court reasoned that service of the mother's affidavit could be effected by delivery to the father's residential address. It further indicated that an affidavit confirming delivery to the father's mailbox would be accepted as proof of good service. Regarding the adjournment, the court dismissed the father's application.
Consequently, the court ordered that the mother serve her affidavit sworn on 23 January 2014 by delivering it to the father's address as soon as possible. The court also ordered that the father file and serve a list of affidavits he intended to rely on by 12 February 2014, and he was granted leave to file any further affidavits by the same date.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Discovery
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Procedural Fairness
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Citations
JARRAH & FADEL [2014] FamCA 47
Most Recent Citation
Jarrah & Fadel (No 2) [2015] FamCAFC 161
Cases Citing This Decision
2
Jarrah & Fadel (No 2)
[2015] FamCAFC 161
Jarrah & Fadel
[2014] FamCAFC 14
Cases Cited
1
Statutory Material Cited
1