Kazar (liquidator) v Doshi, in the matter of PF1 Solutions Pty Ltd (in liq) [2024] FCA 577

Personal service on the defendants was not practicable as they had left Australia and could not be located; substituted service via email and delivery to Chamberlains Law Firm was likely to bring the documents to their attention and was therefore ordered.

Jurisdiction: Australia
Judgment Date: 04 June 2024
Procedural Posture: Commercial and Corporations / Interlocutory Application; Orders for Substituted Service
Outcome: Orders for substituted service and ancillary orders made
Legal Topics: ['substituted Service' 'service of Process' 'liquidator Claims' 'equitable Duties' 'statutory Obligations']

['practice and Procedure' 'corporations Law'] ['substituted Service' 'service of Process' 'liquidator Claims' 'equitable Duties' 'statutory Obligations']

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Procedural Posture

Commercial and Corporations / Interlocutory Application; Orders for Substituted Service

Legal Issues

1 ['Whether personal service of originating application is practicable' 'Whether substituted service should be ordered' 'Methods of effective substituted service']

Ratio Decidendi

Court Disposition

Orders for substituted service and ancillary orders made

Orders

['Personal service dispensed with' 'Leave to serve documents outside Australia' 'Documents to be served via email and delivery to Chamberlains Law Firm' 'Service to be completed by 11 June 2024' 'Deemed service three business days after compliance' 'Further documents to be served via email if no notice of address...