Bryce v McDonald

[2010] QDC 428

[2010] QDC 428

DISTRICT COURT
CIVIL JURISDICTION
JUDGE ROBIN QC
No 3184 of 2009

VAUGHAN BRYCE	Applicant
and
SCOTT OWEN McDONALD	Respondent
BRISBANE
..DATE 26/10/2010
ORDER
CATCHWORDS

Uniform Civil Procedure Rules 1999

Criminal Offence Victims Act 1995 (repealed)

Substituted service of application for "criminal compensation"
by newspaper advertisement and service on respondent's mother
- service address desired by applicant to be kept confidential

(to placate Corrective Services authorities)

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HIS HONOUR: The court makes an order in terms of the	1
initialled draft allowing substituted service of an application for compensation under the Criminal Offence Victims Act 1995.

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The applicant's solicitor is being punctilious in declining to disclose to the court the address supplied to him by Corrective Services for purposes of serving such an application on the offender respondent. On the evidence, it appears that he does not live there at all. So one wonders at

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the need for such circumspection.

What is proposed is an advertisement in the Courier-Mail newspaper to permit the hearing of the application to occur before the sentencing Judge on 15 November 2010.

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I thought it appropriate to make that advertisement a little more informative by indicating that the application follows the respondent's conviction on 25 July 2007.

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I have also required copies of the originating application and affidavit and of the order to be served on the respondent's mother at an address elliptically described the circumstances to preserve confidentiality. That lady has provided certain information regarding the whereabouts of her son who is said

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to be overseas and perhaps unsurprisingly been uncooperative
in respect of accepting service. It is difficult in the
circumstances to be confident about the efficacy of the

advertisement in the newspaper but there is reason to think

1-2 ORDER 60

that the lady is in a position to inform the respondent about	1
the application.
Order as per initialled draft.

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1-3 ORDER 60