Giorgi, Antonio v The Queen [1983] FCA 319

Giorgi, Antonio v The Queen [1983] FCA 319

It was impractical to serve Giorgi personally as required by the rules because he was overseas at all relevant times; steps were taken by the Crown to bring the notice to his attention through his solicitor, who had instructions to accept service, thus satisfying the requirements for deemed service under Order 7, rule 10. The notice of appeal is to be taken as served on Giorgi on 16 September 1983.

Parties
Appellant; Respondent: Antonio Giorgi; Appellant; Respondent: The Queen
Jurisdiction
Australia
Judgment Date
14 November 1983
Procedural Posture
Criminal Appeal / Rulings on Interlocutory Motions on Appeal From the Supreme Court of the Australian Capital Territory
Outcome
Crown's motion in matter ACT G65 of 1983 dismissed; in matter ACT G75 of 1983, order made deeming notice of appeal served on respondent on 16 September 1983.
Legal Topics
Service of Appeal Documents, Extension of Time for Service, Impracticality of Personal Service, Accepting Service Through Solicitor
Criminal Law Procedure Service of Appeal Documents Extension of Time for Service Impracticality of Personal Service Accepting Service Through Solicitor

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Parties

Antonio Giorgi

Appellant; Respondent

The Queen

Appellant; Respondent

Procedural Posture

Criminal Appeal / Rulings on Interlocutory Motions on Appeal From the Supreme Court of the Australian Capital Territory

Legal Issues

  1. 1 Whether the notice of appeal filed by the Crown could be taken to have been served on Antonio Giorgi despite lack of personal service
  2. 2 Whether the requirements of Order 7, rule 10 of the Federal Court Rules are satisfied for deemed service
  3. 3 Whether the time for service should be extended if deemed service not available

Ratio Decidendi

It was impractical to serve Giorgi personally as required by the rules because he was overseas at all relevant times; steps were taken by the Crown to bring the notice to his attention through his solicitor, who had instructions to accept service, thus satisfying the requirements for deemed service under Order 7, rule 10. The notice of appeal is to be taken as served on Giorgi on 16 September 1983.

Court Disposition

Crown's motion in matter ACT G65 of 1983 dismissed; in matter ACT G75 of 1983, order made deeming notice of appeal served on respondent on 16 September 1983.

Orders

  • The motion notice filed on 25 October 1983 in ACT G65 of 1983 is dismissed.
  • The notice of appeal filed on 16 September 1983 in ACT G75 of 1983 is taken to have been served on Giorgi on that date.