General Manager, Fair Work Commission v Asmar (Substituted Service) [2024] FCA 1217

General Manager, Fair Work Commission v Asmar (Substituted Service) [2024] FCA 1217

Given unsuccessful attempts at personal service, the evidential basis regarding Mr Asmar’s residence and email, and the likelihood of his awareness of the proceedings, it is not practicable to effect personal service and therefore substituted service is appropriate.

Parties
Applicant: General Manager of the Fair Work Commission; First Respondent: Diana Asmar; Second Respondent: Kerry Georgiev; Third Respondent: Nick Katsis; Fourth Respondent: David Asmar; Fifth Respondent: David Eden; Sixth Respondent: Lee Atkinson; Seventh Respondent: Rhonda Barclay
Jurisdiction
Australia
Judgment Date
18 October 2024
Procedural Posture
Interlocutory Application for Substituted Service / Application for Order for Substituted Service Determined
Outcome
Order for substituted service granted
Legal Topics
Substituted Service, Personal Service, Federal Court Procedure
Practice and Procedure Employment and Industrial Relations Substituted Service Personal Service Federal Court Procedure

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Parties

General Manager of the Fair Work Commission

Applicant

Diana Asmar

First Respondent

Kerry Georgiev

Second Respondent

Nick Katsis

Third Respondent

David Asmar

Fourth Respondent

David Eden

Fifth Respondent

Lee Atkinson

Sixth Respondent

Rhonda Barclay

Seventh Respondent

Procedural Posture

Interlocutory Application for Substituted Service / Application for Order for Substituted Service Determined

Legal Issues

  1. 1 Whether it is not practicable to effect personal service on Mr Asmar under rule 10.24 of the Federal Court Rules 2011 (Cth)

Ratio Decidendi

Given unsuccessful attempts at personal service, the evidential basis regarding Mr Asmar’s residence and email, and the likelihood of his awareness of the proceedings, it is not practicable to effect personal service and therefore substituted service is appropriate.

Court Disposition

Order for substituted service granted

Orders

  • Applicant to serve the originating application dated 23 August 2024, statement of claim dated 23 August 2024, and a sealed copy of this order on Mr Asmar by email, by leaving at 7 Blair Court, Keilor, Victoria, and by post to that address.
  • Upon filing an affidavit of compliance, the documents will be taken as served on Mr Asmar the following day.