Hung (Trustee), in the matter of Farouk v Farouk [2021] FCA 117

Given failed attempts to contact the respondent by conventional means and previous contact via email, substituted service by email is just and appropriate. Notice requirements to creditors and via newspaper publication in The Straits Times are also sufficient.

Jurisdiction: Australia
Judgment Date: 17 February 2021
Procedural Posture: Interlocutory Application / Application for Substituted Service Orders Prior to Substantive Hearing
Outcome: Interlocutory application granted
Legal Topics: ['recognition of Foreign Main Proceedings' 'service of Originating Application' 'notice to Creditors']

['insolvency' 'cross Border Insolvency' 'bankruptcy' 'practice and Procedure'] ['recognition of Foreign Main Proceedings' 'service of Originating Application' 'notice to Creditors']

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Procedural Posture

Interlocutory Application / Application for Substituted Service Orders Prior to Substantive Hearing

Legal Issues

1 ['Whether substituted service of court documents by email is appropriate' 'Whether notice requirements to creditors and general publication have been satisfied']

Ratio Decidendi

Court Disposition

Interlocutory application granted

Orders

['Court documents to be served by email to mf@faroukstar.com' 'Notice of filing to be published in The Straits Times' 'Notice to be sent to each apparent creditor' 'Further service of the Interim Application dispensed with' 'Listing of substantive applications for hearing on 15 March 2021' 'Applicants have liberty...