Deng v Qi, in the matter of Qi [2023] FCA 589

Deng v Qi, in the matter of Qi [2023] FCA 589

It was not practicable to effect personal service on Mr Qi as his whereabouts were unknown and he had left Australia; substituted service via WeChat, WhatsApp, and email was likely to bring the petition to his attention; leave to serve outside Australia was not required by reason of r 10.42.

Jurisdiction
Australia
Judgment Date
02 June 2023
Procedural Posture
Creditor's Petition (bankruptcy) / Interlocutory Application for Substituted Service
Outcome
Application for substituted service granted; leave to serve outside jurisdiction not required; costs reserved.
Legal Topics
['substituted Service' 'service Outside Jurisdiction' "creditor's Petition" 'personal Insolvency']
['bankruptcy' 'civil Procedure'] ['substituted Service' 'service Outside Jurisdiction' "creditor's Petition" 'personal Insolvency']

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Procedural Posture

Creditor's Petition (bankruptcy) / Interlocutory Application for Substituted Service

Legal Issues

  1. 1 ["Whether substituted service of creditor's petition should be granted" 'Whether leave to serve outside jurisdiction is required under Federal Court Rules 2011 (Cth)']

Ratio Decidendi

It was not practicable to effect personal service on Mr Qi as his whereabouts were unknown and he had left Australia; substituted service via WeChat, WhatsApp, and email was likely to bring the petition to his attention; leave to serve outside Australia was not required by reason of r 10.42.

Court Disposition

Application for substituted service granted; leave to serve outside jurisdiction not required; costs reserved.

Orders

  • ["Substituted service of creditor's petition and other documents to be effected by WeChat, WhatsApp, and email, with service deemed effected 14 days after latest transmission." 'Costs reserved.']