Cooper (liquidator), in the matter of Disclinc Pty Ltd (in liq) v Difonzo (No 2) [2021] FCA 679

Federal Court of Australia

Cooper (liquidator), in the matter of Disclinc Pty Ltd (in liq) v Difonzo (No 2) [2021] FCA 679 File number: SAD 66 of 2020

Judgment of: BESANKO J

Date of judgment: 24 June 2021

Catchwords: PRACTICE AND PROCEDURE — application by plaintiff for default judgment by reason of defendant's failure to appear or file an address for service or file a defence — service of initiating process outside Australia under the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters — methods of service under Article 5 of the Convention — compliance with the requirements of r 10.70 of the Federal Court Rules 2011 (Cth) — circumstances in which a party is in default within r 5.22 — judgment entered

Legislation: Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters Art 5 Corporations Act 2001 (Cth) ss 588G, 588M Federal Court of Australia Act 1976 (Cth) s 51A Federal Court (Corporations) Rules 2000 (Cth) r 2.2 Federal Court Rules 2011 (Cth) rr 5.22, 5.23, 10.43, 10.44, 10.64, 10.66, 10.68, 10.70, 10.72, 11.06, 16.31, 16.32

Cases cited: Cooper (liquidator), in the matter of Disclinc Pty Ltd (in liq) v Difonzo [2020] FCA 1011

Division: General Division

Registry: South Australia

National Practice Area: Commercial and Corporations

Sub-area: Corporations and Corporate Insolvency

Number of paragraphs: 22

Date of last submissions: 15 April 2021

Date of hearing: 12 April 2021

Counsel for the Plaintiff: Mr A Narayan