Hayter v Rhodes

[2007] QDC 192

[2007] QDC 192

DISTRICT COURT
CIVIL JURISDICTION

JUDGE DEARDEN

SUZANNE JOY HAYTER	Applicant
(PREVIOUSLY KNOWN AS RADEL)
and
WILLIAM MICHAEL RHODES	Respondent
BEENLEIGH ..DATE 05/04/2007

ORDER
HIS HONOUR: This is the civil application in the matter of
Suzanne Joy Hayter (previously known as Suzanne Joy Radel) and

William Michael Rhodes (Respondent).

This application is an application for substituted service orders. My reasons for decision are as follows:

This is an application made "on the papers" (Uniform Civil Procedure Rules (UCPR) R.490) seeking an order for substituted service in respect of an application for criminal compensation under S.663B of the Criminal Code.

UCPR S.116(1) provides:

"If, for any reason, it is impracticable to serve a
document in a way required under this chapter, the Court
may make an order substituting another way of serving the
document."

The affidavit of Mandy Albert sworn 27 March 2007 indicates that exhaustive steps to locate and serve the respondent, over a period of some five months, have proven fruitless. The respondent has not been able to be located and therefore service has not been possible (or in terms of the rules) practicable.

The applicant submits that the most effective way to notify the adjourned application on 28 May 2007 at 9.30 a.m. and accordingly I have amended the wording of the advertisement to reflect that and I also direct that the applicant be adjourned to 28 May 2007 at 9.30 a.m. 2 ORDER

the respondent of the substantive application for criminal
compensation, is by way of an advertisement in the Courier
Mail. In the circumstances, this would appear to be the only
practical alternative available.

With those relevant handwritten amendments, I order as per draft which I have initialled and have placed with the papers. I note that a copy of these reasons for decision will be provided to the applicant's solicitors, Legal Aid (Queensland) in due course to enable them to settle the relevant order and of course to advise them of the adjourned date for hearing of the application.

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3   ORDER