Federal Court of Australia
Federal Court of Australia
General Manager, Fair Work Commission v Asmar (Substituted Service) [2024] FCA 1217 File number: VID 835 of 2024
Judgment of: DOWLING J
Date of judgment: 18 October 2024
Catchwords: PRACTICE AND PROCEDURE – substituted service – whether it is "not practicable" to effect personal service pursuant to r 10.24 of the Federal Court Rules 2011 (Cth) – 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: 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: 16
Date of hearing: 18 September 2024
Counsel for the Applicant Mr M Minucci
Solicitor for the Applicant Ashurst
Counsel for the Respondents The Respondents did not appear
ORDERS VID 835 of 2024
BETWEEN: GENERAL MANAGER OF THE FAIR WORK COMMISSION Applicant
AND: DIANA ASMAR First Respondent
KERRY GEORGIEV Second Respondent
NICK KATSIS (and others named in the Schedule) Third Respondent
order made by: DOWLING J DATE OF ORDER: 18 OCTOBER 2024
THE COURT ORDERS THAT:
1. Pursuant to rule 10.24 of the Federal Court Rules 2011 (Cth), the applicant serve the originating application dated 23 August 2024, the statement of claim dated 23 August 2024 and a sealed copy of this order (together, the documents) on the fourth respondent, Mr Asmar, by: (a) Sending copies of the documents by email to david.asmar@hotmail.com; (b) Leaving copies of the documents at 7 Blair Court, Keilor, Victoria, 3036; and (c) Sending a copy of the documents by post to 7 Blair Court, Keilor, Victoria, 3036. 2. Upon the applicant, by his lawyers, filing an affidavit that order 1 has been complied with, the documents be taken to have been served upon the fourth respondent, Mr Asmar, the day after the events referred to in order 1 occur. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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