Refund of Court Fees due to Miscarriage of Justice / Maladministration

[JCE]

Hello -

After being notified in writing of a Court hearing date effectively a couple of days AFTER the actual Court hearing had taken place and subsequently an adverse order being made in absence - is there a way to get the Court fee refunded for having the order set aside?

Essentially one should not be penalized money-wise for the Court's Maladministration and subsequent Miscarriage of Justice.

I would appreciate constructive feedback.

Many thanks

[leclerc]

Re: Refund of Court Fees due to Miscarriage of Justice / Maladministration

Hello -

After being notified in writing of a Court hearing date effectively a couple of days AFTER the actual Court hearing had taken place and subsequently an adverse order being made in absence - is there a way to get the Court fee refunded for having the order set aside?

Essentially one should not be penalized money-wise for the Court's Maladministration and subsequent Miscarriage of Justice.

I would appreciate constructive feedback.

Many thanks

Have you appealed the order?

[JCE]

Re: Refund of Court Fees due to Miscarriage of Justice / Maladministration

Have you appealed the order?

It was recommended to get it set aside in the first instance in order to be re-heard

[leclerc]

Re: Refund of Court Fees due to Miscarriage of Justice / Maladministration

so you've done that?

[JCE]

Re: Refund of Court Fees due to Miscarriage of Justice / Maladministration

Not yet - that was the whole point - why having to pay a Court fee for getting it set aside when it was there maladministration in the first place!

The posting was mostly about how to request a fee remission under these circumstances (and there is no space for that on an EX160..., the accompanying notes to the EX160 only talk about Exceptional circumstances financially obviously not in the context of maladministration of the Court...

[leclerc]

Re: Refund of Court Fees due to Miscarriage of Justice / Maladministration

Have you spoken to the court where the notice came from? That might be worth doing...