BARAKIS v Global Vision Media

In *Barakis v Global Vision Media*, the applicant, Mr Barakis, sought to set aside a default judgment entered against him by the respondent, Global Vision Media. The dispute arose from an alleged breach of contract, with Global Vision Media claiming Mr Barakis had failed to pay for services rendered. Mr Barakis contended that he had not been properly served with the originating process, and therefore, the default judgment should not have been entered. The matter came before Judge O'Dwyer in the County Court of Victoria.

The primary legal issue before the Court was whether service of the originating process on Mr Barakis had been effected in accordance with the relevant rules of court. This involved determining if the method of service used by Global Vision Media was sufficient to bring the proceedings to Mr Barakis's attention and satisfy the requirements of procedural fairness. A secondary issue, contingent on the first, was whether, if service was defective, the Court should exercise its discretion to set aside the default judgment.

Judge O'Dwyer found that the evidence presented did not establish that service had been effected in a manner that complied with the rules. Specifically, the Court was not satisfied that the documents had been left at Mr Barakis's usual or last known place of residence or business, or that any other permissible method of service had been validly undertaken. Applying the principles governing the setting aside of default judgments, the Court held that where service is fundamentally flawed, a default judgment entered on that basis is irregular and should be set aside to prevent injustice.

Consequently, Judge O'Dwyer ordered that the default judgment entered against Mr Barakis be set aside.