University of New England v Boerner [2024] FCA 191

Federal Court of Australia

University of New England v Boerner [2024] FCA 191 File number(s): VID 581 of 2023

Judgment of: WHEELAHAN J

Date of judgment: 5 March 2024

Catchwords: PRACTICE AND PROCEDURE — service out of the jurisdiction – service in Denmark – substituted service – where the prospective applicant seeks preliminary discovery – where the prospective applicant sought to join a second prospective respondent located in Denmark, and to serve documents in Denmark via substituted service – where the proposed second prospective respondent was on notice as to the proceeding – where service under the Hague Convention would take three to six months – it was not practicable within the meaning of r 10.24 of the Federal Court Rules 2011 (Cth) to serve the relevant documents in a way required by the Rules – s 37M of the Federal Court of Australia Act 1976 (Cth) considered – orders for joinder, service out of the jurisdiction, and substituted service made

Legislation: Federal Court of Australia Act 1976 (Cth) s 37M Federal Court Rules 2011 (Cth) div 10.6, r 10.24 Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, done at The Hague, Netherlands, on 15 November 1965, articles 5, 10(a)

Cases cited: Capral Limited v DNV AS [2024] NSWSC 96 Commissioner of Taxation v Caratti (No 2) [2018] FCA 1500 Hamilton v Meta Platforms, Inc (Service out of Jurisdiction) [2022] FCA 681 Independent Liquor & Gaming Authority v Melco Resorts & Entertainment Limited [2022] NSWSC 294 Lin v Google LLC [2021] FCA 1113 The Noco Company v Hong Kong Haowei Technology Co Ltd [2023] FCA 533 Yemini v Twitter International Company [2022] FCA 318