Barrow v Joyce

In the High Court of Australia, the plaintiff, Barnaby Thomas Gerard Joyce, initiated proceedings against the defendant by filing a Writ of Summons on 20 July 2018, seeking relief under the *Common Informers (Parliamentary Disqualifications) Act 1975* (Cth). Subsequently, on 5 November 2018, the plaintiff made an ex parte application for an order dispensing with personal service of the Writ of Summons on the defendant.

The central legal issue before the Court was whether to grant the plaintiff's application for an order for substituted service of the Writ of Summons, thereby dispensing with the requirement of personal service on the defendant. This application was made on an ex parte basis, meaning it was heard and determined without the defendant being present or notified.

The Court granted the application for substituted service. In lieu of personal service, the Court ordered that a copy of the Writ of Summons and the Court's order, along with an explanatory letter, be forwarded to the defendant by registered mail to two specified postal addresses in Tamworth, NSW, and also by email to the defendant's registered email address. The Court directed that the letter should request that the proceeding be brought to the defendant's notice if possible. No order was made as to costs.