Callan v Chawk [2021] FCA 1182

Federal Court of Australia

Callan v Chawk [2021] FCA 1182 File number: NSD 785 of 2021

Judgment of: HALLEY J

Date of judgment: 23 September 2021

Date of publication of reasons: 29 September 2021

Catchwords: PRACTICE AND PROCEDURE – application for substituted service on respondent in defamation proceedings pursuant to r 10.24 of the Federal Court Rules 2011 (Cth) – whether personal service not practicable – whether proposed methods of substituted service via email, registered post and social media are reasonably likely to bring proceedings to the attention of the respondent – appropriateness of substituted service by social media – application granted PRACTICE AND PROCEDURE – application for leave to serve respondent in defamation proceedings in United States of America pursuant to r 10.43 of the Federal Court Rules 2011 (Cth) (FCR) – whether proceeding is of a kind mentioned in FCR r 10.42 – jurisdiction where publication occurred in the Australian Capital Territory – whether applicant has a prima facie case for all or any of the relief claimed – service in accordance with Hague Convention – service by international registered post – application granted

Legislation: Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth) s 9(3) Federal Court Rules 2011 (Cth) rr 10.24, 10.42, 10.43 Jurisdiction of Courts (Cross-vesting) Act 1993 (ACT) s 4(1) Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters. Opened for signature 15 November 1965. 658 UNTS 163 (entered into force 10 February 1969) Art 10(a)