John Oxley is once again back in the pages of Family Law Journal. In his most recent piece, the Vardags barrister discusses the recent case Wilmot v Maughan and the issues around service and set-aside where a party is overseas and only partly engaged with the proceedings.
The article teases out the difficulties with two points of procedure: the exercise of discretion in relation to set-aside of previous High Court orders, and the permissability of email service of documents outwith the jurisdiction in family proceedings.
John concludes that while this case indicates the willingness of the court to embrace modern service methods, litigants should be aware of the importance of seeking permission first.
’Out of reach?’ is available exclusively to subscribers of Family Law. You can subscribe to the journal here.