Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Park (Trustee) v Tschannen (Bankrupt) [2016] FCA 137 File number: QUD 1053 of 2015
Judge: EDELMAN J
Date of judgment: 10 March 2016
Catchwords: PRACTICE AND PROCEDURE – service outside the jurisdiction – substituted service – application for examination of bankrupt – need to attempt service in foreign jurisdiction before substituted service possible
Legislation: Federal Court Rules 2011 (Cth) rr 10.24, 10.44, 10.49 Bankruptcy Act 1966 (Cth) s 81 Agreement on Judicial Assistance in Civil and Commercial Matters and Co-operation in Arbitration between Australia and the Kingdom of Thailand. Signed 2 October 1997. Australia–Thailand. [1998] ATS 18 (entered into force 29 July 1998)
Cases cited: Clifton (Liquidator), in the matter of Solar Shop Australia Pty Ltd (In Liquidation) [2014] FCA 891 Deputy Commissioner of Taxation v McManus [2015] FCA 959 Laurie v Carroll [1958] HCA 4; (1958) 98 CLR 310 Re Deposit Investment Co Ltd (1991) 30 FCR 463 Re Skase (1991) 32 FCR 212 Southwell v Maladina [2002] FCA 802; (2002) 194 ALR 51 Wilding v Bean [1891] 1 QB 100 Commissioner of Taxation v Zeitouni [2013] FCA 1011
Date of hearing: 10 March 2016
Registry: Queensland
Division: General Division
National Practice Area: Commercial and Corporations
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