Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Director, Consumer Affairs Victoria v Vic Solar Pty Ltd [2020] FCA 910 File number(s): VID 111 of 2019
Judge(s): O'BRYAN J
Date of judgment: 25 June 2020
Date of publication of reasons: 26 June 2020
Catchwords: PRACTICE AND PROCEDURE – substituted service – whether leave should be granted by the Court pursuant to Rule 10.24 of the Federal Court Rules 2011 for the applicant to serve documents on the first respondent using the proposed method of substituted service
Legislation: Federal Court Rules 2011 (Cth), rr 4.04, 4.05, 10.24
Cases cited: ACCC v Yellow Page Marketing BV [2010] FCA 1218 Porter v Freudenberg [1915] 1 KB 857
Date of hearing: 25 June 2020
Registry: Victoria
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Regulator and Consumer Protection
Category: Catchwords
Number of paragraphs: 26
Counsel for the Applicant: Ms G Costello SC with Mr M Kenneally
Solicitor for the Applicant: Legal Services Branch, Consumer Affairs Victoria
ORDERS VID 111 of 2019
BETWEEN: DIRECTOR OF CONSUMER AFFAIRS VICTORIA Applicant
AND: VIC SOLAR TECHNOLOGIES PTY LTD First Respondent
MR SUNNY SRINIVASAN Second Respondent
JUDGE: O'BRYAN J DATE OF ORDER: 25 JUNE 2020
THE COURT ORDERS THAT:
1. Pursuant to rule 10.24 of the Federal Court Rules 2011, the service of documents on the respondents be effected by: (a) express posting a USB containing digital copies of the documents to Malcolm Howell, of Jirsch Sutherland, located at Level 30, 140 William Street Melbourne; (b) e-mailing the documents and/or hyperlinks to the documents stored on One Drive to Malcolm Howell of Jirsch Sutherland at MalcolmH@jirschsutherland.com.au; and (c) e-mailing the documents and/or hyperlinks to the documents stored on One Drive to sunny@vicsolar.com.au. 2. Service of documents on the respondents pursuant to paragraph 2 be deemed to be effected 7 days after the documents have been posted and emailed. 3. The applicant's costs be reserved. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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