Federal Court of Australia
CATCHWORDS PRACTICE AND PROCEDURE - ex parte application for dispensation with personal service - application for leave to serve Application and Statement of Claim on solicitors for a defendant, appearing in a related proceeding - defendant not registered and not carrying on business in Australia - solicitors on whom it is sought to serve documents appeared - meaning of the term "not practical" in O 7 r 9 - insufficient evidence in relation to "impracticality" - no evidence of obvious futility or of attempts to serve in accordance with the Rules - no evidence of urgency - requirement of prima facie case under O 8 r 2 not satisfied - substituted service under O 7 r 9 would circumvent O 8. PRACTICE AND PROCEDURE - application for preliminary discovery - O 15A r 6 - application of O 15A r 6 misconceived. PRACTICE AND PROCEDURE - application for joinder - matters insufficiently related to warrant joinder. PRACTICE AND PROCEDURE - award of costs to a non-party to the proceedings - Court has power under s 43(2) of the Federal Court Rules of Australia Act 1976 to award costs to a non-party - award of costs to non-party appropriate in the circumstances. Federal Court of Australia Act 1976 s 43(2) Federal Court Rules O 7 r 9, O 8 r 2, O 15A r 6 Trade Practices Act 1974 (Cth) s 82 Paragon Group Ltd v Burnell (1991) 2 All ER 388, cited O'Neil v Acott (1988) 59 NTR 1, cited Foxe v Brown (1984) 58 ALR 542, cited Mondial Trading Pty Ltd v Interocean Marine Transport Inc. (1985) 65 ALR 155, applied Paxus Services Ltd v People Bank Pty Ltd (1990) 99 ALR 728, considered. Survival & Industrial Equipment (Newcastle) Pty Ltd v Owners of the Vessel "Alley Cat" (1992) 36 FCR 129, applied Knight v FP Special Assets Ltd (1992) 174 CLR 178, applied RICEGROWERS CO-OPERATIVE LIMITED & SEATIDE PTY LIMITED v ABC CONTAINERLINE NV, MED CONTAINERLINE ANTWERP NV, MARITIME CARRIERS LUXEMBOURG SA & DEN NORSKE BANK LUXEMBOURG S.A. No NG 267 of 1996 Tamberlin J Sydney, 31 July 1996
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