Service: Out of reach?

John Oxley looks at issues of service and set-aside where a party is overseas and only partially engaged with the proceedings ‘It was the contention of the husband that the 1965 Convention, as implemented through the rules in this jurisdiction, was mandatory and exclusive when service was effected abroad.‘ In Wilmot v Maughan [2017], the …
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Divorce: Potential pitfalls

Philippa Davies and Anna Shadbolt navigate the more problematic aspects of divorce procedure and provide a reminder of the remedies available ‘For the purposes of an application for deemed service, it is essential that the petitioner keeps written evidence of their attempts to obtain information regarding the respondent’s whereabouts.’ Divorce law and procedure can appear …
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Service: Forward thinking

Joanne Hall looks at service outside the jurisdiction and the impact of the digital age ‘If it could be shown that a respondent did not receive an e-mail then it would be unfair to presume service, but the majority of people, of all generations, are now actively engaged in technology.’Technology undoubtedly reigns supreme in our …
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Enforcement: A rare bird

Lottie Tyler considers whether a court-appointed receiver may be an overlooked method of enforcement, not an unjustifiable expense ‘The possibility of an order appointing a receiver can be a substantial threat to wield against a respondent who is used to enjoying autonomy and control in all aspects of their life.’The decisions in Sharland v Sharland …
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