In the Will of

In the estate of the late John Michael Smith, the plaintiff, Paul David, sought an order for substituted service against Margaret Joyce Schultze, the respondent, as the estate's executor. The dispute arose from the administration of the estate, with Paul David claiming an entitlement to certain assets or benefits. The matter was heard in the Queensland District Court, presided over by Justice Smith.

The primary legal issue before the court was whether it should grant an order for substituted service on Margaret Joyce Schultze, given the failure to effect personal service after multiple attempts. The court needed to determine if the procedural requirements under the Uniform Civil Procedure Rules 1999 (UCPR) for substituted service were satisfied.

Justice Smith ruled that the plaintiff had made sufficient attempts to personally serve the respondent, justifying the need for an order of substituted service. The court considered the procedural fairness and the likelihood of bringing the respondent to the court's attention. The judge approved the proposed method of substituted service, which included leaving documents in the respondent's mailboxes and sending a text message to a contact who might alert the respondent. The judge concluded that this method was reasonable and likely to ensure that the respondent was aware of the legal proceedings.

In summary, the court granted the plaintiff's application for substituted service, specifying the method and timing for serving the relevant documents on the respondent. The court also ordered that the plaintiff's costs be paid by him.