Director, Consumer Affairs Victoria v Vic Solar Pty Ltd [2020] FCA 910

Director, Consumer Affairs Victoria v Vic Solar Pty Ltd [2020] FCA 910

The respondents had been legally represented and had defended the proceeding, but after their lawyers ceased to act they failed to provide an address for service in breach of the Rules. In the circumstances, the Court inferred that the breach was deliberate and that the respondents were seeking to avoid service....

Source-derived case information.

Jurisdiction
Australia
Judgment Date
25 June 2020
Procedural Posture
Interlocutory Application for Substituted Service / Orders Made After Hearing
Outcome
Orders for substituted service made; applicant's costs reserved.
Legal Topics
['substituted Service' 'federal Court Rules 2011 (cth) R 10.24' 'service of Documents']
['practice and Procedure'] ['substituted Service' 'federal Court Rules 2011 (cth) R 10.24' 'service of Documents']

Source-derived case record

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Procedural Posture

Interlocutory Application for Substituted Service / Orders Made After Hearing

Legal Issues

  1. 1 ['Whether leave should be granted under Rule 10.24 of the Federal Court Rules 2011 (Cth) for the applicant to serve documents on the respondents by the proposed methods of substituted service.' 'Whether the proposed methods of substituted service would, in all reasonable probability, bring the documents to the knowledge of the respondents.']

Ratio Decidendi

The respondents had been legally represented and had defended the proceeding, but after their lawyers ceased to act they failed to provide an address for service in breach of the Rules. In the circumstances, the Court inferred that the breach was deliberate and that the respondents were seeking to avoid service. Service by email to sunny@vicsolar.com.au would in all probability bring the documents to the knowledge of Mr Srinivasan and thereby Vic Solar, because the address was provided by the former lawyers, remained active, and a recent link sent to it had been opened. Service on Mr Howell of Jirsch Sutherland was also likely to result in the documents coming to Mr Srinivasan's knowledge...

Court Disposition

Orders for substituted service made; applicant's costs reserved.

Orders

  • ['Pursuant to rule 10.24 of the Federal Court Rules 2011, the service of documents on the respondents be effected by: (a) express posting a USB containing digital copies of the documents to Malcolm Howell, of Jirsch Sutherland, located at Level 30, 140 William Street Melbourne; (b) e-mailing the documents and/or...