Titan Enterprises (Qld) Pty Ltd v Cross [2016] FCA 664

Titan Enterprises (Qld) Pty Ltd v Cross [2016] FCA 664

Given exhaustive but unsuccessful efforts to discover Mr Cross's physical address, personal service is not practicable; service by email to known addresses is a proper substitute under r 10.24 of the Federal Court Rules 2011 (Cth).

Jurisdiction
Australia
Judgment Date
07 June 2016
Procedural Posture
Application for Substituted Service / Interlocutory Decision on Application for Substituted Service
Outcome
Application granted. Leave granted for substituted service on the First Respondent by email.
Legal Topics
['substituted Service' 'service by Email' 'personal Service Impracticability']
['practice and Procedure'] ['substituted Service' 'service by Email' 'personal Service Impracticability']

Case Brief

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Procedural Posture

Application for Substituted Service / Interlocutory Decision on Application for Substituted Service

Legal Issues

  1. 1 ['Whether personal service of documents on the First Respondent is not practicable under the Federal Court Rules 2011 (Cth)' 'Whether service by email should be allowed as substituted service']

Ratio Decidendi

Given exhaustive but unsuccessful efforts to discover Mr Cross's physical address, personal service is not practicable; service by email to known addresses is a proper substitute under r 10.24 of the Federal Court Rules 2011 (Cth).

Court Disposition

Application granted. Leave granted for substituted service on the First Respondent by email.

Orders

  • ['Until further order, the applicants have leave, pursuant to r 10.24 of the Federal Court Rules 2011 (Cth), to effect personal service of any document in this proceeding on the First Respondent by sending it to him at the email addresses dalecrossoz@yahoo.com and titancomplaint@bewareoftitangarages.com.' 'Costs...