Kirwan v Schurig

In the Federal Circuit and Family Court of Australia, the matter of Kirwan v Schurig was heard by Judge Brown. The plaintiff sought substituted service of the Statement of Claim on the defendant, who was alleged to be avoiding service of process. The plaintiff's application for substituted service was contested by the defendant, who argued that the proposed methods of substituted service were unsuitable. The court was required to determine whether the proposed methods of substituted service were appropriate and whether the plaintiff had demonstrated that the defendant was avoiding service.

The court found that the plaintiff had provided evidence that the defendant was avoiding service, including that the defendant had changed their email address and residential address, and had not responded to attempts to serve the Statement of Claim personally. The court also found that the proposed methods of substituted service were suitable, as the plaintiff had provided evidence that the defendant had access to the proposed email address and had previously communicated with the plaintiff via email. The court noted that substituted service by electronic means was an appropriate method of service in circumstances where a person was avoiding service, and that the use of social media could also be an appropriate method of service in certain circumstances.

Based on the evidence presented, the court granted the plaintiff's application for substituted service and made an order that the Statement of Claim be served on the defendant by email and by delivering a copy to the defendant's residential address and affixing it to the front door or placing it in the letterbox. The court also extended the time for service of the Statement of Claim, required the defendant to file and serve a defence, and listed the matter for further directions. The plaintiff was required to notify the defendant of the orders in the manner set out in the order.