Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ford, in the matter of Careers Australia Group Ltd (in liq) v Mansfield [2022] FCA 173 File number: VID 749 of 2021
Judgment of: O'BRYAN J
Date of judgment: 3 March 2022
Catchwords: PRACTICE AND PROCEDURE – application for service outside Australia – application for substituted service under r 10.24 and / or r 10.49 of the Federal Court Rules 2011 (Cth) – consideration of the interaction between rr 10.24 and 10.49 – application granted
Legislation: Corporations Act 2001 (Cth) Evidence Act 1995 (Cth) s 144(1)(a) Federal Court of Australia Act 1976 (Cth) s 37M Judiciary Act 1903 (Cth) s 39B(1A)(c) Federal Court Rules 2011 (Cth) rr 10.24, 10.42, 10.43, 10.44, 10.45, 10.49 Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, concluded at the Hague on 15 November 1965
Cases cited: Australian Competition and Consumer Commission v Facebook, Inc [2021] FCA 244 Australian Competition and Consumer Commission v Kokos International Pty Ltd [2007] FCA 2035 Australian Competition and Consumer Commission v Yellow Page Marketing BV [2010] FCA 1218 Australian Information Commission v Facebook Inc [2020] FCA 531; 144 ACSR 88 British American Tobacco Australasia Limited v Taleb (No 1) [2012] FCA 1065 Commissioner of Taxation v Oswal [2012] FCA 1507; 91 ATR 684 Commissioner of Taxation v Zeitouni [2013] FCA 1011; 306 ALR 603 Connelly (liquidator), in the matter of CIMC Rolling Stock Australia Pty Ltd (in liq) v One Rail Australia (FLA) Pty Ltd (No 3) [2021] FCA 1183 Electrolux Home Products Pty Ltd v Delap Impex Ltd [2013] FCA 600; 103 IPR 421 Fencott v Muller (1983) 152 CLR 570 Ford v Advanced Energy Minerals Ltd [2021] FCA 995 Humane Society International Inc v Kyodo Senpaku Kaisha Ltd [2007] FCA 124 Kosmos Capital Pty Ltd v Turiya Ventures LLC [2019] FCA 528 Laurie v Carroll (1958) 98 CLR 310 Park v Tschannen [2016] FCA 137; 341 ALR 452 Re Deposit and Investment Co Ltd (1991) 30 FCR 463 Rowe (by next friend Guscott) v Barton as Trustee for Barton Family Trust trading as Sealwerx WA [2021] FCA 196 Southwell v Maladina [2002] FCA 802; 194 ALR 51 Titan Enterprises (Qld) Pty Ltd v Cross [2016] FCA 664
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