Commissioner of Taxation v Caratti (No 2) [2018] FCA 1500

The Commissioner was unable to establish that the court documents had actually been brought to Ms Kuhnert's attention to justify deemed service under r 10.23, but had demonstrated that personal service was not practicable, thus satisfying the requirements for substituted service under r 10.24 by email and by delivery to the last known address.

Jurisdiction: Australia
Judgment Date: 04 October 2018
Procedural Posture: Application / Interlocutory Application for Substituted Service
Outcome: Application for substituted service allowed; application for deemed service refused.
Legal Topics: ['service of Documents' 'substituted Service' 'deemed Service' 'federal Court Rules']

['practice and Procedure'] ['service of Documents' 'substituted Service' 'deemed Service' 'federal Court Rules']

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Procedural Posture

Application / Interlocutory Application for Substituted Service

Legal Issues

1 ['Whether it is not practicable to effect personal service on Ms Kuhnert' 'Whether orders should be made for deemed service under r 10.23 of the Federal Court Rules 2011 (Cth)' 'Whether orders should be made for substituted service under r 10.24 of the Federal Court Rules 2011 (Cth)']

Ratio Decidendi

Court Disposition

Application for substituted service allowed; application for deemed service refused.

Orders

['The applicant is to prepare and submit a minute of orders for substituted service.']