Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
AIA Australia Ltd v Richards (No 2) [2017] FCA 539 File number: NSD 1853 of 2016
Judge: ALLSOP CJ
Date of judgment: 12 May 2017
Date of publication of reasons: 22 May 2017
Catchwords: PRACTICE AND PROCEDURE – service outside of jurisdiction – leave given to serve by registered post – service unsuccessful – documents sent by email at request – order for substituted service
Legislation: Insurance Contracts Act 1984 (Cth) s 56 Federal Court Rules 2011 (Cth) r 10.49 Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters. Opened for signature 15 November 1965. 658 UNTS 163 Arts 8, 10. (entered into force 1 November 2010)
Cases cited: AIA Australia Ltd v Richards [2017] FCA 84
Date of hearing: Determined on the papers
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance Insurance List
Category: Catchwords
Number of paragraphs: 12
Counsel for the Applicant: Ms R Francois
Solicitor for the Applicant: William Roberts Lawyers
Counsel for the Respondent: The respondent did not appear
ORDERS NSD 1853 of 2016
BETWEEN: AIA AUSTRALIA LTD Applicant
AND: VINCENT BRIAN RICHARDS Respondent
JUDGE: ALLSOP CJ DATE OF ORDER: 12 MAY 2017
THE COURT ORDERS THAT:
1. Pursuant to r 10.49(c) of the Federal Court Rules 2011 (Cth), the amended originating application, amended statement of claim and affidavits of Mr Brian Silva sworn on 19 October 2016 and 30 January 2017 be taken to have been served on the respondent by email on 29 April 2017. 2. On or before 15 June 2017, the respondent file and serve any defence. 3. The proceeding be listed for a further case management hearing at 9:30am on 19 June 2017. 4. On or before 5:00pm AEST on 15 May 2017, the applicant send a copy of these orders to the respondent by email at vricha@live.com. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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