Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Irwin v Irwin [2016] FCA 1565 Appeal from: Irwin v Irwin [2016] FCCA 1767
File number: SAD 202 of 2016
Judge: CHARLESWORTH J
Date of judgment: 7 December 2016
Date of publication of reasons 22 December 2016
Catchwords: PRACTICE AND PROCEDURE — case management principles — relevance and application of s 37M of the Federal Court of Australia Act 1976 (Cth) to the exercise of discretionary power to dismiss an appeal other than on its merits PRACTICE AND PROCEDURE — dismissal of appeal for failure by appellant to attend at a hearing relating to the appeal — where appellant's conduct evidenced a disruptive attitude —where appellant unwilling to discharge obligations under s 37N of the Federal Court of Australia Act 1976 (Cth) – risk of non-attendance on hearing of substantive appeal unacceptable PRACTICE AND PROCEDURE — appropriate use of email communications between a party to proceedings and an associate of a presiding judge – orders prohibiting email communications with associate
Legislation: Federal Court of Australia Act 1976 (Cth), ss 25(2B), 37M, 37N Federal Court Rules 2011 (Cth), rr 9.61, 11.01, 36.01, Div 9.6
Date of hearing: 7 December 2016
Registry: South Australia
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Category: Catchwords
Number of paragraphs: 64
Counsel for the Appellant: The Appellant did not appear
Counsel for the Respondent: Mr S Ower SC with Mr Selly
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate