Bayles v Nationwide News Pty Limited [2020] FCA 1213

Bayles v Nationwide News Pty Limited [2020] FCA 1213

The applicants satisfied r 10.43 because the pleading that the tweets were published throughout Australia including the Australian Capital Territory was sufficient for jurisdiction, the defamation claim was based on a cause of action and tort allegedly arising or committed in Australia and damage suffered in Australia, and the pleaded imputations and evidence concerning Ms Devine's Twitter following supported a prima facie case. However, deemed service and substituted service were not justified because the evidence did not establish that personal service was not practicable, did not prove the asserted urgency, and was deficient as to the relevant email evidence and date of email service....

Jurisdiction
Australia
Judgment Date
24 August 2020
Procedural Posture
Defamation Proceeding / Interlocutory Application for Deemed or Substituted Service, or Leave to Serve Originating Process Outside Australia
Outcome
Leave granted to serve the second respondent in the United States of America in accordance with the Hague Convention; applications for deemed or substituted service did not succeed on the evidence; costs reserved.
Legal Topics
['service of Originating Process Outside Australia' 'hague Convention Service' 'deemed Service' 'substituted Service' 'federal Court Jurisdiction in Defamation' 'prima Facie Case for Defamation']
['practice and Procedure' 'defamation'] ['service of Originating Process Outside Australia' 'hague Convention Service' 'deemed Service' 'substituted Service' 'federal Court Jurisdiction in Defamation' 'prima Facie Case for Defamation']

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Procedural Posture

Defamation Proceeding / Interlocutory Application for Deemed or Substituted Service, or Leave to Serve Originating Process Outside Australia

Legal Issues

  1. 1 ['Whether leave should be granted under r 10.43 of the Federal Court Rules 2011 (Cth) to serve the second respondent in the United States of America.' 'Whether the Court had jurisdiction in the defamation proceeding.' 'Whether the proceeding was of a kind mentioned in r 10.42 of the Federal Court Rules 2011 (Cth).' 'Whether the applicants had a prima facie case against the second respondent for any of the relief claimed.' 'Whether personal service was not practicable so as to justify deemed service or substituted service.']

Ratio Decidendi

The applicants satisfied r 10.43 because the pleading that the tweets were published throughout Australia including the Australian Capital Territory was sufficient for jurisdiction, the defamation claim was based on a cause of action and tort allegedly arising or committed in Australia and damage suffered in Australia, and the pleaded imputations and evidence concerning Ms Devine's Twitter following supported a prima facie case. However, deemed service and substituted service were not justified because the evidence did not establish that personal service was not practicable, did not prove the asserted urgency, and was deficient as to the relevant email evidence and date of email service....

Court Disposition

Leave granted to serve the second respondent in the United States of America in accordance with the Hague Convention; applications for deemed or substituted service did not succeed on the evidence; costs reserved.

Orders

  • ["Leave be granted to the applicants to serve the second respondent in the United States of America by making an application pursuant to r 10.64 of the Federal Court Rules 2011 (Cth) for a request for service to a Registrar of this Court in that Registrar's capacity as a forwarding authority under the Convention on...