Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ellen G White Estate, Inc v Knudson [2013] FCA 378 Citation: Ellen G White Estate, Inc v Knudson [2013] FCA 378
Parties: ELLEN G WHITE ESTATE, INC v BRENDAN PAUL KNUDSON
File number: QUD 455 of 2012
Judge: REEVES J
Date of judgment: 27 March 2013
Catchwords: PRACTICE AND PROCEDURE – service of documents – whether leave to serve respondent overseas should be granted under r 10.43 of the Federal Court Rules 2011 – where order previously made for substituted service overturned – where respondent resides in Republic of Armenia and has so resided since before the applicant filed the originating process – where Hague Convention applies – where the Court has jurisdiction and the applicant has a prima facie case
Legislation: Competition and Consumer Act 2010 (Cth) Copyright Act 1968 (Cth) Copyright (International Protection Regulations) 1969 (Cth) Federal Court Rules 2011 Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters International Convention for the Protection of Literary and Artistic Works
Cases cited: Applecross Pte Ltd (ARBN 079 372 722) v Lim (No 2) [2010] FCA 589 Australian Competition & Consumer Commission v Chaste Corp Pty Ltd (in liq) (ACN 089 837 329) [2002] FCA 1183 Australian Competition and Consumer Commission v Kokos International Pty Ltd [2007] FCA 2035 Humane Society International Inc v Kyodo Senpaku Kaisha Ltd [2007] FCA 124 Laurie v Carroll (1958) 98 CLR 310
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