Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Nokia Corporation v Millaras [2010] FCA 1174 Citation: Nokia Corporation v Millaras [2010] FCA 1174
Parties: NOKIA CORPORATION v RENAE MILLARAS
File number(s): NSD 1352 of 2010
Judge: JAGOT J
Date of judgment: 25 October 2010
Catchwords: PRACTICE AND PROCEDURE – substituted service
Legislation: Trade Marks Act 1995 (Cth) Federal Court Rules
Date of hearing: 25 October 2010
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 8
Counsel for the Applicant: Ms GR Rubagotti
Solicitor for the Applicant: Baker & McKenzie Solicitors
Counsel for the Respondent: The Respondent did not appear
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION NSD 1352 of 2010
BETWEEN: NOKIA CORPORATION
Applicant
AND: RENAE MILLARAS
Respondent
JUDGE: JAGOT J
DATE OF ORDER: 25 OCTOBER 2010
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The applicant's notice of motion dated 21 October 2010 be returnable today. 2. Pursuant to Order 7 rule 9 of the Federal Court Rules, service by the applicant on the respondent of the documents specified in schedule "A" (originating process) has been effected by the applicant having taken the following steps for the purposes of bringing the originating process to the notice of the respondent: (a) on 18 October 2010, sending a copy of the originating process to the respondent by email to the email address "renaemillaras@hotmail.com"; (b) on 18 October 2010, sending a copy of the originating process to the respondent by email to the email address "simmonds_fencing@hotmail.com"; (c) on 15 and 19 October 2010, leaving a copy of the originating process at the respondent's last known address, 6/12 Hutton Street, Dandenong, Victoria, 3175; and (d) on 19 October 2010, sending a copy of the originating process by pre-paid post addressed to the respondent's last known address, 6/12 Hutton Street, Dandenong, Victoria, 3175. 3. Pursuant to Order 7 rule 9 of the Federal Court Rules, service by the applicant on the respondent of any further documents in these proceedings (including affidavits) may be effected by the applicant taking the following steps for the purposes of bringing such documents to the notice of the respondent: (a) sending a copy of them to the respondent by email to "renaemillaras@hotmail.com"; and (b) sending a copy of them to the respondent by email to "simmonds_fencing@hotmail.com". 4. The costs of the applicant's notice of motion dated 21 October 2010 be reserved. 5. The directions hearing listed at 9.30am on 2 November 2010 be vacated. 6. Confirm that the hearing of the applicant's claim for interlocutory relief (see Part B of the Application filed 14 October 2010) is listed at 10.15am on 4 November 2010 before Jagot J. 7. The applicant serve a copy of these orders on the respondent in accordance with order 3 above, by 4.00pm today. 8. Liberty to restore on 2 days' notice. Note:Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using Federal Law Search on the Court's website.
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