Health Care Complaints Commission v King [2024] NSWCATOD 111

Health Care Complaints Commission v King [2024] NSWCATOD 111

Due to the respondent's residential address being unknown and previous service attempts failing, the Tribunal found that ordinary service was impractical. As the respondent can receive emails and answer her mobile phone, substituted service by email, text alert, and post to her last known address is appropriate and likely to be effective. To ensure fairness, the imminent hearing is vacated and the matter relisted for directions.

Parties
Applicant: Health Care Complaints Commission; Respondent: Kim Maree King
Jurisdiction
Australia
Judgment Date
25 July 2024
Procedural Posture
Occupational Disciplinary Proceedings / Interlocutory Application for Substituted Service; Directions After Hearing Vacated
Outcome
Application for substituted service granted; hearing vacated; directions ordered.
Legal Topics
Substituted Service, Procedural Fairness, Nursing Discipline
Administrative Law Health Law Disciplinary Proceedings Substituted Service Procedural Fairness Nursing Discipline

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Parties

Health Care Complaints Commission

Applicant

Kim Maree King

Respondent

Procedural Posture

Occupational Disciplinary Proceedings / Interlocutory Application for Substituted Service; Directions After Hearing Vacated

Legal Issues

  1. 1 Whether an order for substituted service should be granted
  2. 2 Whether hearing should be vacated pending effective service

Ratio Decidendi

Due to the respondent's residential address being unknown and previous service attempts failing, the Tribunal found that ordinary service was impractical. As the respondent can receive emails and answer her mobile phone, substituted service by email, text alert, and post to her last known address is appropriate and likely to be effective. To ensure fairness, the imminent hearing is vacated and the matter relisted for directions.

Court Disposition

Application for substituted service granted; hearing vacated; directions ordered.

Orders

  • Service of the application and materials by email to the respondent, with a text to her mobile phone alerting her, and by post to her last known residential address.
  • Application and materials taken to be served once served in accordance with Order 1.