Ex Parte v Richard Peter Jefferies

In the matter of *Ex Parte v Richard Peter Jefferies*, the Honourable Justice Nicole Worth of the Supreme Court of Tasmania considered an application for an order to dispense with the requirement for personal service of a subpoena. The applicant sought to serve a subpoena on the respondent, Richard Peter Jefferies, who was reportedly residing overseas and whose current whereabouts were unknown. The core of the dispute revolved around the applicant's inability to effect personal service due to the respondent's absence and lack of contact information.

The primary legal issue before the Court was whether it possessed the power to dispense with the ordinary rules of service, specifically personal service of a subpoena, in circumstances where the respondent's location was unknown and attempts to ascertain it had been unsuccessful. This required the Court to consider the scope of its inherent jurisdiction and the principles governing the exercise of such discretion, particularly in relation to ensuring fairness and avoiding prejudice to the party affected by the order.

Justice Worth reasoned that the Court's inherent jurisdiction extended to making orders that were necessary for the due administration of justice. In this instance, the applicant had demonstrated that all reasonable steps had been taken to locate and serve the respondent, including inquiries with known associates and relevant authorities. The Court found that to insist on personal service in these circumstances would render the subpoena nugatory and impede the administration of justice. Accordingly, the Court applied the principle that where personal service is impossible or impracticable, and the applicant has made diligent efforts to comply with the spirit of the rules, an alternative method of service may be permitted.

The Court ordered that service of the subpoena on Richard Peter Jefferies be effected by substituted service, specifically by forwarding a copy of the subpoena by registered post to his last known overseas address and by serving a copy on his legal representatives in Tasmania.