General Manager, Fair Work Commission v Construction, Forestry and Maritime Employees Union (Substituted Service) [2024] FCA 875

General Manager, Fair Work Commission v Construction, Forestry and Maritime Employees Union (Substituted Service) [2024] FCA 875

In the special circumstances, a global approach to practicability was appropriate. The resources, expense and delay likely to be incurred in personally serving 268 individual respondents made personal service not practicable, and the proposed substituted service steps were reasonable and likely to give effective notice without delay.

Jurisdiction
Australia
Judgment Date
06 August 2024
Procedural Posture
Application Seeking Declarations, Approval of a Scheme and Consequential Orders Directed to the Construction and General Division of the First Respondent Union / Interlocutory Application for Substituted Service
Outcome
Orders for substituted service made substantially in the form sought; Liam O'Brien's interlocutory application adjourned to a date to be fixed; costs reserved.
Legal Topics
['substituted Service' 'personal Service' 'federal Court Rules 2011 (cth) R 10.24' 'overarching Purpose']
['practice and Procedure' 'employment and Industrial Relations'] ['substituted Service' 'personal Service' 'federal Court Rules 2011 (cth) R 10.24' 'overarching Purpose']

Case Brief

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Procedural Posture

Application Seeking Declarations, Approval of a Scheme and Consequential Orders Directed to the Construction and General Division of the First Respondent Union / Interlocutory Application for Substituted Service

Legal Issues

  1. 1 ['Whether it was not practicable to effect personal service on the 268 individual respondents for the purposes of r 10.24 of the Federal Court Rules 2011 (Cth)' "Whether the proposed substituted service by email or post using the Union's records, and by email to a branch if required, should be ordered"]

Ratio Decidendi

In the special circumstances, a global approach to practicability was appropriate. The resources, expense and delay likely to be incurred in personally serving 268 individual respondents made personal service not practicable, and the proposed substituted service steps were reasonable and likely to give effective notice without delay.

Court Disposition

Orders for substituted service made substantially in the form sought; Liam O'Brien's interlocutory application adjourned to a date to be fixed; costs reserved.

Orders

  • ['By 4.00 pm on 14 August 2024, the first respondent is to send by email or by express or registered post the Relevant Documents to the email address or postal address recorded by the first respondent in its records for each of the second to 269th respondents, by way of service.' 'By 4.00 pm on 16 August 2024, the...