Federal Court of Australia
CATCHWORDS CORPORATIONS - Corporations Law s 596B - Order to attend for examination on matters relating to examinable affairs of a corporation - application for substituted service on a person not in Australia - jurisdiction of Federal Court. COURTS AND JUDGES - Federal Court - jurisdiction - application for substituted service on a person not in Australia. PRACTICE AND PROCEDURE - Federal Court Act s 35A(5) - review of exercise of power by a registrar - extension of time to apply for review - O 46 r 7B of the Federal Court Rules - nature of review - order for substituted service on person not in Australia - jurisdiction of Federal Court - action in personam - whether dependent on presence in Australia at date of issue or date of service of process - affidavits - requirement that deponent attend for cross-examination - O 14 r 9 of the Federal Court Rules - requirement that notice be given within reasonable time - affidavit filed during course of hearing - statement on information and belief - whether circumstances such as undue delay or inconvenience would otherwise be caused - O 33 r 2 of Federal Court Rules. PRIVATE INTERNATIONAL LAW - jurisdiction of Federal Court - Federal Court Act s 18 - action in personam - whether dependent on presence in Australia at date of issue or date of service of process. EVIDENCE - affidavits - objection to use - requirement that deponent attend for cross-examination - O 14 r 9 of the Federal Court Rules - requirement that notice be given within reasonable time - affidavit filed during course of hearing - statement on information and belief - whether circumstances such as undue delay or inconvenience would otherwise be caused - O 33 r 2 of Federal Court Rules. Corporations Law s 596B Federal Court Act ss 18 and 35A(6) Federal Court Rules O 14 rr 6, 7 and 9, O 33 r 2 Re Deposit and Investment Company Limited (Receiver appointed) (1991) 30 FCR 463 at 464 Laurie v Carroll (1958) 98 CLR 310 Eason v 3AW Broadcasting Company Pty Ltd (1984) 81 FLR 229 Myerson v Martin [1979] 1 WLR 1390 at 1394 Atco Industries (Aust.) Pty Ltd v Ancla Maritima S.A. (1984) 35 SASR 408 at 413-4 Little v Registrar of the High Court of Australia (1991) 29 FCR 544 at 554 No. SG 3137 of 1994 JOHN SHEAHAN v IAN EDWARD JOYE Branson J. Adelaide 1 June 1995
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