Federal Court of Australia
Federal Court of Australia
Bain v International Capital Markets Pty Ltd [2024] FCA 283 File number(s): VID 1088 of 2023
Judgment of: O'BRYAN J
Date of judgment: 22 March 2024
Catchwords: PRACTICE AND PROCEDURE – service out of the jurisdiction – substituted service – where the applicant claims it is not possible to serve the second respondent in the United Arab Emirates in accordance with a convention, the Hague Convention or the law of the United Arab Emirates – orders for substituted service and related orders made
Legislation: Australian Securities and Investments Commission Act 2001 (Cth) ss 12CB, 12DA, 12DF Corporations Act 2001 (Cth) ss 761G, 991A, 1041E, 1041H Federal Court of Australia Act 1976 (Cth) Federal Court Rules 2011 (Cth) rr 1.34, 10.24, 10.43B, 10.43C, 10.44, 10.48, 10.49
Cases cited: John Pfeiffer Pty Ltd v Rogerson (2000) 203 CLR 503 The Noco Company v Hong Kong Haowei Technology Co Ltd [2023] FCA 533
Division: General Division
Registry: Victoria
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
Number of paragraphs: 21
Date of hearing: 22 March 2024
Counsel for the Applicant: R Clarke
Solicitors for the Applicant: Echo Law
Counsel for the First Respondent: D Thomas SC
Solicitor for the First Respondent: Quinn Emanuel
ORDERS VID 1088 of 2023
BETWEEN: NATHANIEL JAMES BAIN Applicant
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