Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Pinnacle Runway Pty Ltd v Triangl Limited [2017] FCA 627 File number: VID 794 of 2016
Judge: MURPHY J
Date of judgment: 1 June 2017
Catchwords: PRACTICE AND PROCEDURE — service outside Australia — deemed service — where unrepresented corporate party provides email address — whether Hague Convention service reasonably practicable — whether documents brought to the attention of party — Federal Court Rules 2011 (Cth) r 10.48
Legislation: Federal Court Rules 2011 (Cth) rr 10.23, 10.24, 10.48
Date of hearing: Heard on the papers
Registry: Victoria
Division: General Division
National Practice Area: Intellectual Property
Sub-area: Trade Marks
Category: Catchwords
Number of paragraphs: 11
Solicitor for the Applicant: Mr C Cheung, Actuate IP
Counsel for the Respondent: The Respondent did not appear
ORDERS VID 794 of 2016
BETWEEN: PINNACLE RUNWAY PTY LTD Applicant
AND: TRIANGL LIMITED Respondent
JUDGE: MURPHY J DATE OF ORDER: 1 june 2017
THE COURT ORDERS THAT:
1. Pursuant to r 10.48 of the Federal Court Rules 2011 (Cth) (the Rules), the following documents be taken to have been served on the Respondent on 23 February 2017: (a) the Fast Track Application; (b) the Fast Track Statement; and (c) the Genuine Steps Statement; all dated 12 July 2016, substantially in the form as filed with the Court. 2. The timing for filing a notice of address for service and a defence to the statement of claim be extended to 7 July 2017. 3. Pursuant to r 10.24 of the Rules, until such time as the Respondent files and serves a notice of address for service or further order, that service by the Applicant on the Respondent of any further documents in this proceeding may be effected by the Applicant sending a copy of those documents to the Respondent by email to the email address craig@triangl.com. 4. A copy of these orders are to be served on the Respondent within seven days. 5. Costs be reserved. 6. Liberty to apply. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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