Holden Ltd v Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union of Australia [2002] FCA 725

Holden Ltd v Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union of Australia [2002] FCA 725

The court is satisfied that the second respondent had notice of the documents and dispensation of personal service is warranted, given vigorous attempts to serve and evidence that the respondent is aware of the proceedings; orders are made dispensing with personal service under Order 1 rule 8.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
14 June 2002
Procedural Posture
Motion for Contempt / Interlocutory Orders Regarding Service
Outcome
Application granted. Orders made dispensing with personal service and setting further directions.
Legal Topics
['dispensation of Personal Service' 'contempt of Court']
['procedure'] ['dispensation of Personal Service' 'contempt of Court']

Source-derived case record

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Procedural Posture

Motion for Contempt / Interlocutory Orders Regarding Service

Legal Issues

  1. 1 ['Whether the requirement for personal service under Order 40 rule 8 of the Federal Court Rules should be dispensed with for documents served on the second respondent in contempt proceedings']

Ratio Decidendi

The court is satisfied that the second respondent had notice of the documents and dispensation of personal service is warranted, given vigorous attempts to serve and evidence that the respondent is aware of the proceedings; orders are made dispensing with personal service under Order 1 rule 8.

Court Disposition

Application granted. Orders made dispensing with personal service and setting further directions.

Orders

  • ['Dispensation of personal service under Order 40 rule 8 of the Federal Court Rules for specified documents on the second respondent.' 'Directions hearing of the notice of motion adjourned to 16 September 2002 at 10:15 am.' 'Notice of motion listed for hearing on 8, 9 and 10 October 2002.' 'Respondents to notify...