Federal Court of Australia
Federal Court of Australia
Hillier v Martin (No 5) [2021] FCA 949 File number: SAD 113 of 2020
Judgment of: CHARLESWORTH J
Date of judgment: 6 August 2021
Date of publication of reasons 10 August 2021
Catchwords: PRACTICE AND PROCEDURE – company joined as a party to proceedings – company served with initiating documents in accordance with r 10.02 of the Federal Court Rules 2011 (Cth) and s 109X of the Corporations Act 2001 (Cth) – Court of its own initiative proposing orders fixing a date by which the company is to file a notice of address for service – notice of address for service to be filed four weeks after service of initiating documents on the company – Court proposing orders providing for service of documents on the company pending filing of the notice of address for service – directors seeking to be heard on the question and opposing the orders proposed – whether the continued requirement to serve documents on the company by delivery to a physical location is productive of unnecessary cost and delay
Legislation: Corporations Act 2001 (Cth) s 109X Federal Court of Australia Act 1976 (Cth) ss 37M, 37N Federal Court Rules 2011 (Cth) rr 1.34, 1.35, 1.36, 1.40, 4.01, 9.05, 10.02, 11.02, 11.06
Cases cited: Hillier v Martin (No 4) [2021] FCA 710
Division: General Division
Registry: South Australia
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
Number of paragraphs: 51
Date of hearing: Determined on the papers
ORDERS SAD 113 of 2020
BETWEEN: JAMES HILLIER Applicant
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