Nokia Corporation v Millaras [2010] FCA 1174

Nokia Corporation v Millaras [2010] FCA 1174

The evidence demonstrates that, despite diligent attempts, personal service is impractical and substituted service has likely brought the originating process to the respondent's attention; therefore, substituted service by email and post is justified.

Parties
Applicant: Nokia Corporation; Respondent: Renae Millaras
Jurisdiction
Australia
Judgment Date
25 October 2010
Procedural Posture
Notice of Motion in Trademark Infringement Proceeding / Application for Substituted Service (interlocutory/ex Parte)
Outcome
Notice of motion granted; orders for substituted service made
Legal Topics
Substituted Service, Trade Mark Infringement
Practice and Procedure Intellectual Property Substituted Service Trade Mark Infringement

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Parties

Nokia Corporation

Applicant

Renae Millaras

Respondent

Procedural Posture

Notice of Motion in Trademark Infringement Proceeding / Application for Substituted Service (interlocutory/ex Parte)

Legal Issues

  1. 1 Whether substituted service should be permitted due to impracticality of personal service
  2. 2 Efficacy of service by email and post for originating process

Ratio Decidendi

The evidence demonstrates that, despite diligent attempts, personal service is impractical and substituted service has likely brought the originating process to the respondent's attention; therefore, substituted service by email and post is justified.

Court Disposition

Notice of motion granted; orders for substituted service made

Orders

  • Applicant's notice of motion dated 21 October 2010 be returnable today
  • Service of originating process deemed effected as per nominated steps (email, post, leaving at last known address)