Federal Court of Australia
Federal Court of Australia
Electoral Commissioner of the Australian Electoral Commission v Fisher [2024] FCA 110 File number: QUD 438 of 2023
Judgment of: RANGIAH J
Date of judgment: 21 February 2024
Catchwords: PRACTICE AND PROCEDURE – interlocutory application – substituted service – whether practicable for the applicant to effect personal service – whether alternative method of service will in all reasonable probability bring documents to respondent's attention – substituted service refused
Legislation: Federal Court Rules 2011 (Cth) rr 8.05, 8.06 and 10.24
Cases cited: Commissioner of Taxation v Caratti (No 2) [2018] FCA 1500 Commissioner of Taxation v Zeitouni (2013) 306 ALR 603 Electrolux Home Products Pty Ltd v Delap Impex Ltd [2013] FCA 600
Division: General Division
Registry: Queensland
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 22
Date of last submissions: 15 January 2024 (Applicant)
Date of interlocutory hearing: Determined on the papers
Solicitor for the Applicant: Ms T Schultz of Maddocks Lawyers
Counsel for the Respondent: The Respondent did not appear
ORDERS QUD 438 of 2023
BETWEEN: THE ELECTORAL COMMISSIONER OF THE AUSTRALIAN ELECTORAL COMMISSION Applicant
AND: DEAN PATRICK FISHER Respondent
order made by: RANGIAH J DATE OF ORDER: 21 FEBRUARY 2024
THE COURT ORDERS THAT:
1. The applicant's interlocutory application seeking orders for substituted service is dismissed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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