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Irwin v Irwin [2016] FCA 1565

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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

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