Australian Pesticides and Veterinary Medicines Authority v Arnica Pty Ltd [2021] FCA 1328

Federal Court of Australia

Australian Pesticides and Veterinary Medicines Authority v Arnica Pty Ltd [2021] FCA 1328 File number: WAD 190 of 2021

Judgment of: JACKSON J

Date of judgment: 27 October 2021

Catchwords: PRACTICE AND PROCEDURE - application for deemed service - personal service impracticable - efforts to avoid service - documents brought to attention of respondents - application allowed

Legislation: Federal Court Rules 2011 (Cth) rr 8.06, 10.01, 10.12, 10.23

Cases cited: Kosmos Capital Pty Ltd v Turiya Ventures LLC [2019] FCA 528

Division: General Division

Registry: Western Australia

National Practice Area: Administrative and Constitutional Law and Human Rights

Number of paragraphs: 9

Date of hearing: 27 October 2021

Counsel for the Applicant: Mr S Rebikoff

Solicitor for the Applicant: HWL Ebsworth Lawyers

Counsel for the Respondents: The respondents did not appear

ORDERS WAD 190 of 2021

BETWEEN: AUSTRALIAN PESTICIDES AND VETERINARY MEDICINES AUTHORITY Applicant

AND: ARNICA PTY LTD (ACN 602 797 624) First Respondent

ARIEL WINGS PTY LTD Second Respondent

ADAM JAMES HAYES Third Respondent DIANA FAYE HAYES Fourth Respondent

order made by: JACKSON J DATE OF ORDER: 27 OCTOBER 2021

THE COURT ORDERS THAT:

1. Pursuant to r 10.23 of the Federal Court Rules 2011 (Cth): (a) the originating application filed on 19 August 2021; (b) the affidavit of Steven Noel Harris dated 4 August 2021; and (c) the affidavit of Phillip Maxwell Maria dated 9 August 2021, are taken to have been served on the third and fourth respondents on 13 October 2021. 2. The costs of the applicant's interlocutory application filed on 1 October 2021 are reserved. 3. The applicant's interlocutory application is otherwise dismissed. 4. As soon as practicable, the applicant must serve a copy of these orders on the respondents by: (a) sending a copy of the orders to the respondents at 13/9 Brentham Street, Leederville WA 6007; (b) delivering a copy of the orders and leaving them in the covered porch at the front door at 13/9 Brentham Street, Leederville WA 6007; and (c) handing a copy of the orders to any person apparently over the age of sixteen years but, if this is not possible, leaving a copy of the orders in the letterbox or affixing to the front door in a sealed envelope addressed to the respondents at 60 Angove Street, North Perth WA 6006. 5. By 4.30 pm on 17 November 2021, the applicant must file and serve any further evidence in support of its originating application. 6. By 4.30 pm on 22 December 2021, the respondents must file and serve any evidence in response to the originating application. 7. By 4.30 pm on 28 January 2022, the applicant must file and serve any evidence in reply. 8. The proceeding is listed for a case management hearing on 3 February 2022 at 9.30 am. 9. Liberty to apply on three days' notice. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.