Electoral Commissioner, Australian Electoral Commission v James [2021] FCA 99

Electoral Commissioner, Australian Electoral Commission v James [2021] FCA 99

Given the respondent's refusal to accept personal service and evidence of his residence, email, and phone number, substituted service by mail, email, text message, and hand delivery will in all probability be effective to bring knowledge of the proceeding to the respondent.

Parties
Applicant: Electoral Commissioner, Australian Electoral Commission; Respondent: Christopher Ronald James
Jurisdiction
Australia
Judgment Date
11 February 2021
Procedural Posture
Civil / Interlocutory Application for Substituted Service
Outcome
Substituted service granted. Further case management hearing listed. Costs reserved.
Legal Topics
Substituted Service, Service of Documents, Federal Court Procedure
Practice and Procedure Administrative and Constitutional Law and Human Rights Substituted Service Service of Documents Federal Court Procedure

Case Brief

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Parties

Electoral Commissioner, Australian Electoral Commission

Applicant

Christopher Ronald James

Respondent

Procedural Posture

Civil / Interlocutory Application for Substituted Service

Legal Issues

  1. 1 whether leave should be granted for substituted service of documents on the respondent pursuant to Rule 10.24 of the Federal Court Rules 2011

Ratio Decidendi

Given the respondent's refusal to accept personal service and evidence of his residence, email, and phone number, substituted service by mail, email, text message, and hand delivery will in all probability be effective to bring knowledge of the proceeding to the respondent.

Court Disposition

Substituted service granted. Further case management hearing listed. Costs reserved.

Orders

  • Parties permitted to appear by video link pursuant to s 47B of Federal Court of Australia Act 1976 (Cth).
  • Restrictions imposed on public participation and recording during video link hearings.