Rowe (by next friend Guscott) v Barton as Trustee for Barton Family Trust trading as Sealwerx WA [2021] FCA 196

Federal Court of Australia

Rowe (by next friend Guscott) v Barton as Trustee for Barton Family Trust trading as Sealwerx WA [2021] FCA 196 File number: WAD 196 of 2020

Judgment of: JACKSON J

Date of judgment: 8 March 2021

Catchwords: PRACTICE AND PROCEDURE - interlocutory application for substituted service

Legislation: Federal Court Rules 2011 (Cth) r 10.24

Cases cited: Australian Building and Construction Commissioner v Windus [2019] FCA 1526 Commissioner of Taxation v Caratti (No 2) [2018] FCA 1500

Division: General Division

Registry: Western Australia

National Practice Area: Commercial and Corporations

Sub-area Commercial Contracts, Banking, Finance and Insurance

Number of paragraphs: 13

Date of hearing: 8 March 2021

Counsel for the Applicant: Mr D Clarke

Solicitor for the Applicant: Maurice Blackburn Lawyers

Counsel for the Respondent: The respondent did not appear

ORDERS WAD 196 of 2020

BETWEEN: MICHELLE LEE ROWE (BY HER NEXT FRIEND RANDALL GUSCOTT) Applicant

AND: GARRY WILSON BARTON AS THE TRUSTEE FOR BARTON FAMILY TRUST TRADING AS SEALWERX WA (ABN 60 903 837 536) Respondent

order made by: JACKSON J DATE OF ORDER: 8 MARCH 2021

THE COURT ORDERS THAT:

1. Pursuant to r 10.24(c) of the Federal Court Rules 2011 (Cth), each of the interlocutory application for judgment in default dated 17 December 2020 (Application), the orders made on 21 December 2020, any affidavit filed by the applicant in support of the Application, any outline of submissions filed by the applicant in support of the Application, any minute of orders the applicant seeks by way of the Application, any list of authorities filed by the applicant in support of the Application and these Orders (together, Documents) will be taken to have been served on the respondent, Garry Wilson Barton as Trustee for the Barton Family Trust trading as Sealwerx WA (ABN 60 903 837 536), on the happening of the last of the following events: (a) the sending of the Documents by pre-paid post in an envelope addressed to the respondent at 15 Ruse Street, Osborne Park, Western Australia 6017; (b) the sending of the Documents by pre-paid post in an envelope addressed to the respondent at the address contained in paragraph 16 of the affidavit of Beverley Janine Ward sworn 19 February 2021 which is annexure DEC-4 of the affidavit of Daniel Edward Clarke affirmed 24 February 2021; and (c) the sending by email to the email address given at paragraph 2(b) of the interlocutory application dated 26 February 2021, of portable document format (pdf) copies of the Documents. 2. With each of the methods of correspondence identified in paragraphs 1(a), (b) and (c) above, the applicants must include a covering letter or email, as the case may be, stating as follows: Dear Mr Barton Ms Rowe, the applicant in proceeding WAD 196 of 2020, has filed an interlocutory application seeking default judgment against you for claims made by her in the amended originating application and amended statement of claim. The court has ordered that you may be served with the documents that have been filed in support of the default judgment application by sending them by way of pre-paid post to your last known business address and your last known home address, and by emailing them to an email address believed to be yours. IMPORTANT: The application for default judgment is listed for an interlocutory hearing in Perth on Tuesday 23 March 2021 at 10.15 am AWST. If you wish to defend the application for default judgment, you must file a notice of address for service in the Federal Court of Australia before that time. If you do not attend the interlocutory hearing, judgment may be entered against you, which may include the making of orders that you pay damages to the applicant, and other orders adverse to your interests may be made. 3. The applicant must file an affidavit deposing to the occurrence of the events contemplated in paragraph 1 of these Orders as soon as possible after the happening of those events. 4. Costs are reserved. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.