Federal Court of Australia
Federal Court of Australia
Fire and Safety Tasmania Pty Ltd as trustee for the Willis Family Trust trading as Fire and Safety Tasmania v Fitzpatrick [2020] FCA 1741 File number: TAD 32 of 2020
Judgment of: KERR J
Date of judgment: 2 December 2020
Catchwords: PRACTICE AND PROCEDURE – application for abridged and substituted service ahead of urgent hearing of application for interlocutory relief – orders made for abridged service – orders for substituted service not made, but Applicant granted liberty to make a further application for such orders on short notice
Legislation: Federal Court Rules 2011 (Cth) r 10.24
Division: Fair Work Division
Registry: Victoria
National Practice Area: Employment and Industrial Relations
Number of paragraphs: 10
Date of hearing: 2 December 2020
Counsel for the Applicant: Rebecca Crawford of Simmons Wolfhagen
ORDERS TAD 32 of 2020
BETWEEN: FIRE SAFETY TASMANIA PTY LTD ACN 139 336 271 AS TRUSTEE FOR THE WILLIS FAMILY TRUST TRADING AS FIRE AND SAFETY TASMANIA ABN 75 601 456 962 Applicant
AND: MALCOLM ALAN FITZPATRICK First Respondent
XTREME FIRE PROTECTION PTY LTD ABN 43 644 949 100 Second Respondent
order made by: KERR J DATE OF ORDER: 2 december 2020
THE COURT ORDERS THAT:
1. The Applicant's application for interlocutory relief be listed for hearing at 10:15am on Friday 4 December 2020. 2. Pursuant to r 1.39 of the Federal Court Rules 2011 (Cth) (the Rules), the time for service of the Originating Process and Concise Statement filed by the Applicant on 30 November 2020 and the affidavit evidence to be relied upon at the hearing of the application for interlocutory relief set out in the Originating Process is abridged to 1:00pm on Thursday 3 December 2020. 3. The Applicant have liberty at short notice to make any application for substituted service. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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