Federal Court of Australia
Federal Court of Australia
General Manager, Fair Work Commission v Construction, Forestry and Maritime Employees Union (Substituted Service) [2024] FCA 875 File number: VID 758 of 2024
Judgment of: WHEELAHAN J
Date of judgment: 6 August 2024
Catchwords: PRACTICE AND PROCEDURE — substituted service – where the Union and 268 individual respondents were named in the originating application – whether it is "not practicable" to effect personal service on the individual respondents for the purposes of r 10.24 of the Federal Court Rules 2011 (Cth) – effecting personal service on all 268 individual respondents is not practicable – orders for substituted service made.
Legislation: Federal Court of Australia Act 1976 (Cth) s 37M Federal Court Rules 2011 (Cth) r 10.24
Cases cited: Brown v Health Services Union [2012] FCA 644; 205 FCR 548 Capral Ltd v DNV AS [2024] NSWSC 96 Commissioner of Taxation v Caratti (No 2) [2018] FCA 1500
Division: Fair Work Division
Registry: Victoria
National Practice Area: Employment and Industrial Relations
Number of paragraphs: 8
Date of hearing: 6 August 2024
Counsel for the Applicant: Mr B Avallone with Mr D Fawcett
Solicitor for the Applicant: Australian Government Solicitor
Counsel for the First Respondent: Mr C Tran with Ms E Brumby
Solicitor for the First Respondent: Maurice Blackburn
Counsel for the Intervener: Ms J Firkin KC with Ms J Davidson and Ms N Campbell
Solicitor for the Intervener: Kingston Reid
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