Jewers and Marchand
Case
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[2018] FamCA 1081
•14 December 2018
Details
AGLC
Case
Decision Date
Jewers and Marchand [2018] FamCA 1081
[2018] FamCA 1081
14 December 2018
CaseChat Overview and Summary
In the matter of *Jewers and Marchand*, heard by Gill J, the applicant sought to dispense with the usual requirement for service of their Initiating Application filed on 2 May 2018 and associated documents. The respondent's whereabouts were unknown, and the applicant sought an alternative method of notification.
The central legal issue before the court was whether to grant the applicant's request to dispense with personal service of the Initiating Application and related documents, and if so, what alternative method of service would be appropriate and sufficient to notify the respondent of the proceedings.
Gill J considered the circumstances and determined that it was appropriate to dispense with the usual service requirements. The court reasoned that given the difficulty in locating the respondent, a modified approach to service was necessary to allow the proceedings to continue. The court ordered that the applicant cause a copy of the orders to be sent by registered post to the respondent, directed to the B Town Post Office in Queensland, as a means of notification. The matter was subsequently adjourned for a hearing on 22 January 2019.
The central legal issue before the court was whether to grant the applicant's request to dispense with personal service of the Initiating Application and related documents, and if so, what alternative method of service would be appropriate and sufficient to notify the respondent of the proceedings.
Gill J considered the circumstances and determined that it was appropriate to dispense with the usual service requirements. The court reasoned that given the difficulty in locating the respondent, a modified approach to service was necessary to allow the proceedings to continue. The court ordered that the applicant cause a copy of the orders to be sent by registered post to the respondent, directed to the B Town Post Office in Queensland, as a means of notification. The matter was subsequently adjourned for a hearing on 22 January 2019.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
Legal Concepts
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Jurisdiction
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Procedural Fairness
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Citations
Jewers and Marchand [2018] FamCA 1081
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