Freehills, in the matter of New Tel Limited (in liq) ACN 009 068 955 [2008] FCA 762

FEDERAL COURT OF AUSTRALIA

Freehills, in the matter of New Tel Limited (in liq) ACN 009 068 955 [2008] FCA 762 CORPORATIONS LAW – examination summons – service unable to be effected within Australia – characterisation of the nature of the process for the purpose of service out of the jurisdiction EVIDENCE – application on an interlocutory basis – nature of evidence required to support a statement as to the law of the foreign country – evidence on information and belief as to the law of the foreign country is essential when no convention between Australia and the foreign country PRACTICE AND PROCEDURE – whether order for substituted service can be made immediately subsequent to and when it is clear that foreign service is impracticable – whether leave to be heard should be granted to the applicant's father – leave declined – leave to address as amicus curiae declined Corporations Act 2001 (Cth) s 596B Federal Court Rules O 8 Federal Court (Corporations) Rules 2000 r 2.13, r 2.13(1) Annabelle Bits Pty Ltd v Fujitsu Ltd [2007] FCA 1190 Apple Computer Inc v Apple Corps SA (1989) 16 IPR 329 Carnegie Corporation Ltd v Pursuit Dynamics plc (2007) 162 FCR 375 Commissioner of Taxation v Ma (1999) 92 FCR 569 Corporate Affairs Commission v Bradley; Commonwealth (Intervener) [1974] 1 NSWLR 391 Fiorentino v Irons (1997) 79 FCR 327 GAF Corporation v Amchem Products Inc (1975) 1 Ll R 601 Immerman v London Pie Co Pty Ltd [2000] FCA 97 Onefone Australia Pty Ltd v One.Tel Ltd [2007] NSWSC 1320 Pilarinos v Australian Securities and Investments Commission [2006] VSC 301 Ricegrowers' Co-operative Ltd v ABC Containerline NV (1996) 138 ALR 480 In the matter of Strarch International Limited (ACN 004 779 677 (In Liquidation) [2005] FCA 829 Re Strarch International Ltd (in liq) [2007] FCA 940 Swan Brewery Co Ltd (ACN 009 065 267) v Robert Francis Atlee [1998] FCA 277 United States Tobacco Co v Minister for Consumer Affairs (1988) 20 FCR 520 Voth v Manildra Flour Pty Ltd (1990) 171 CLR 538 IN THE MATTER OF NEW TEL LIMITED (IN LIQUIDATION) ACN 009 068 955 THE APPLICATION OF FREEHILLS