Wu v WYQ Family Pty Ltd [2024] FCA 511

Wu v WYQ Family Pty Ltd [2024] FCA 511

Given the evidence and authorities, it is appropriate to grant leave for substituted service on the eighth defendant using email, as the proposed method is likely to bring the documents to his attention, and personal service is impracticable within the required timeframe.

Jurisdiction
Australia
Judgment Date
01 May 2024
Procedural Posture
Application for Substituted Service and Leave to Serve Documents Outside Jurisdiction / Interlocutory Hearing and Orders
Outcome
Application for substituted service and leave to serve documents outside jurisdiction granted.
Legal Topics
['service Outside Jurisdiction' 'substituted Service' 'federal Court Rules' 'service Under the Hague Convention']
['practice and Procedure'] ['service Outside Jurisdiction' 'substituted Service' 'federal Court Rules' 'service Under the Hague Convention']

Case Brief

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Procedural Posture

Application for Substituted Service and Leave to Serve Documents Outside Jurisdiction / Interlocutory Hearing and Orders

Legal Issues

  1. 1 ['Whether the Court should grant leave to serve originating process and other documents outside the jurisdiction' 'Whether substituted service on the eighth defendant is appropriate']

Ratio Decidendi

Given the evidence and authorities, it is appropriate to grant leave for substituted service on the eighth defendant using email, as the proposed method is likely to bring the documents to his attention, and personal service is impracticable within the required timeframe.

Court Disposition

Application for substituted service and leave to serve documents outside jurisdiction granted.

Orders

  • ['Sixth Defendant to provide last known contact email address of the Eighth Defendant to Plaintiffs by 3 May 2024.' 'Dispensing with service in accordance with Federal Court Rules 2011 and Hague Convention.' 'Plaintiffs granted leave to serve the further amended originating application and supporting documents on Mr...