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Final Hearing Tomorrow

  • themindboggles
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04 Sep 07 #2840 by themindboggles
Topic started by themindboggles
Does anyone now what would happen if one of us at last minute was unable to attend the final hearing??.... I suspect EX might in order to delay!!

Thanks

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04 Sep 07 #2846 by gone1
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To my mind if you dont attend a court hearing the judge should make the award in your favour if he dont attend. But I dont think this is the case in ancilory relief as no one is on trial unless you are a bloke and you still have your shirt on your back. I would have thought it would be re convined to another date. Chris

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04 Sep 07 #2852 by Louise11
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I think that is the case Chris with all hearings, but i doubt very much they would tolerate it at a FH.

Depends who is the respondant and who is the applicant.

Applicant doesnt turn up? I think its in the power of the Judge to say, case dismissed without prejudice? In other words i think they could dismiss it, but would want to know why they havent turned up> I.E...cudda been involved in an accident on way there ect. But more likey to award all costs to the respondant and adjourn it if they come up with good excuse. It says on our FH order, something about not being allowed to stop it 48 hours before.

Respondant doesnt turn up? I think an order with a penal notice or maybe more likey issue a warrant for their arrest is more likey and an order that he/she pays all costs up to date.

Cant see what else the Judge could do really.

Louise

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04 Sep 07 #2855 by themindboggles
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Thanks for your replies...... the EX is the respondant so would be foolish to attempt any further time delays.

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