Australian Competition and Consumer Commission v Safety Compliance Pty Ltd (in liq) (No 3) [2016] FCA 303

Australian Competition and Consumer Commission v Safety Compliance Pty Ltd (in liq) (No 3) [2016] FCA 303

Having regard to the substantial but unsuccessful attempts to locate and personally serve Messrs King and Black, personal service in the manner required by the Rules was not practicable. The orders had been brought to their attention through emails sent to addresses used during the proceedings and through their solicitor's confirmation. The Court therefore deemed the orders personally served under r 10.23.

Jurisdiction
Australia
Judgment Date
24 March 2016
Procedural Posture
Application Under Rule 10.23 of the Federal Court Rules 2011 for Deemed Service / Application for Deemed Service of Orders Made on 22 December 2015
Outcome
Application granted; orders for deemed service made.
Legal Topics
['deemed Service' 'personal Service' 'substituted Service' 'federal Court Rules 2011 R 10.23' 'federal Court Rules 2011 R 10.24']
['practice and Procedure'] ['deemed Service' 'personal Service' 'substituted Service' 'federal Court Rules 2011 R 10.23' 'federal Court Rules 2011 R 10.24']

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Procedural Posture

Application Under Rule 10.23 of the Federal Court Rules 2011 for Deemed Service / Application for Deemed Service of Orders Made on 22 December 2015

Legal Issues

  1. 1 ['Whether it was not practicable to serve the orders on Messrs King and Black in a way required by the Federal Court Rules 2011.' 'Whether the orders had been brought to the attention of Messrs King and Black for the purposes of r 10.23(b).']

Ratio Decidendi

Having regard to the substantial but unsuccessful attempts to locate and personally serve Messrs King and Black, personal service in the manner required by the Rules was not practicable. The orders had been brought to their attention through emails sent to addresses used during the proceedings and through their solicitor's confirmation. The Court therefore deemed the orders personally served under r 10.23.

Court Disposition

Application granted; orders for deemed service made.

Orders

  • ['Pursuant to rule 10.23 of the Federal Court Rules 2011, the orders made by Justice Farrell in this matter on 22 December 2015 are deemed to have been personally served on Dean James King, the second respondent, by an email sent by Ms Jacqueline Ibrahim to the email address kingdean8@gmail.com on 27 January 2016,...