Bexson Pty Ltd v Staneton Pty Ltd [1987] FCA 634

Bexson Pty Ltd v Staneton Pty Ltd [1987] FCA 634

In circumstances where an agent solicitor is unable to obtain instructions from their principals and all reasonable steps to communicate have failed, the Court, exercising its implied power to regulate its own proceedings, may order that the agent's address cease to be the address for service and may make further directions to ensure proper ongoing representation and compliance with the rules.

Parties
Applicant: Bexson Pty Ltd; Respondent: Staneton Pty Ltd
Jurisdiction
Australia
Judgment Date
19 August 1987
Procedural Posture
Application for Damages for Contravention of Statutory Provisions / Interlocutory Application Regarding Solicitor's Withdrawal and Address for Service
Outcome
Orders made on agent's application; leave granted for agent solicitors to refuse service and address for service to be changed. Costs reserved.
Legal Topics
Withdrawal of Solicitor as Agent, Address for Service, Court Powers—incidental Powers Under Federal Court Rules
Practice and Procedure Withdrawal of Solicitor as Agent Address for Service Court Powers—incidental Powers Under Federal Court Rules

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Parties

Bexson Pty Ltd

Applicant

Staneton Pty Ltd

Respondent

Procedural Posture

Application for Damages for Contravention of Statutory Provisions / Interlocutory Application Regarding Solicitor's Withdrawal and Address for Service

Legal Issues

  1. 1 Whether agent solicitors can withdraw from the record in circumstances where principals are uncontactable
  2. 2 Whether the Court has power to order that an agent's address is no longer the address for service

Ratio Decidendi

In circumstances where an agent solicitor is unable to obtain instructions from their principals and all reasonable steps to communicate have failed, the Court, exercising its implied power to regulate its own proceedings, may order that the agent's address cease to be the address for service and may make further directions to ensure proper ongoing representation and compliance with the rules.

Court Disposition

Orders made on agent's application; leave granted for agent solicitors to refuse service and address for service to be changed. Costs reserved.

Orders

  • Perth agents of respondent's solicitors have leave from 4pm on 24 August 1987 to refuse to accept service of further documents.
  • From 4pm on 24 August 1987, the address for service of the respondent shall no longer be Messrs. Corser & Corser.