In De Braekt v Kanapathy [2020] FCA 977

FEDERAL COURT OF AUSTRALIA

In De Braekt v Kanapathy [2020] FCA 977 Appeal from: Application for extension of time: Kanapathy v In De Braekt [2019] FCCA 2541

File number: WAD 445 of 2019

Judge: MCKERRACHER J

Date of judgment: 7 July 2020

Catchwords: PRACTICE AND PROCEDURE – service of originating documents – where originating documents were sent to the respondent by ordinary post – where personal service is required by r 8.06 of the Federal Court Rules 2011 (Cth) – orders made requiring service to be effected correctly – in circumstances where neither party appeared

Legislation: Racial Discrimination Act 1975 (Cth) s 18C Federal Court Rules 2011 (Cth) rr 8.06, 10.1, 36.01 Federal Circuit Court Rules 2001 (Cth) r 16.05

Cases cited: AID15 v Minister for Immigration and Border Protection (No 2) [2015] FCCA 2028 Kanapathy v In De Braekt [2019] FCCA 2541 Kanapathy v In De Braekt (No 4) [2013] FCCA 1368

Date of hearing: 7 July 2020

Registry: Western Australia

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 22

Counsel for the Applicant: The Applicant did not appear

Counsel for the Respondent: The Respondent did not appear

ORDERS WAD 445 of 2019

BETWEEN: MEGAN IN DE BRAEKT Applicant

AND: RAJANDRAN KANAPATHY Respondent

JUDGE: MCKERRACHER J DATE OF ORDER: 7 JULY 2020

THE COURT ORDERS THAT:

1. Unless within 21 days of the date of these orders the applicant files: (a) An affidavit deposing to the fact that the respondent has been personally served with the originating documents in this matter in accordance with Rules 8.06 and 10.1 of the Federal Court Rules 2011 (Cth); or (b) An application for service other than personal service of the originating documents in this matter on the respondent; the application will be dismissed. 2. There be no order as to costs. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.