FEDERAL COURT OF AUSTRALIA
LFDB v SM (No 5) [2025] FCA 654
File number(s): NSD 1665 of 2015 Judgment of: YOUNAN J Date of judgment: 20 June 2025 Catchwords: PRACTICE AND PROCEDURE – application for substituted service of interlocutory application under r 10.24 of the Federal Court Rules 2011 (Cth) – attempted service on previous legal representatives – respondent may be outside Australia – availability of r 10.49 of the Federal Court Rules 2011 (Cth) – application granted Legislation: Federal Court of Australia Act 1976 (Cth) s 37AF
Trans-Tasman Proceedings Act 2010 (Cth) ss 68, 72
Federal Court Rules 2011 (Cth) rr 10.24, 10.49
Cases cited: Australian Building and Construction Commissioner v Windus [2019] FCA 1526
Australian Communications and Media Authority v Jones [2022] FCA 546
Australian Information Commission v Facebook Inc [2020] FCA 531; (2020) 144 ACSR 88
Commissioner of Taxation v Caratti (No 2) [2018] FCA 1500
Deng v Qi, in the matter of Qi [2023] FCA 589
Federal Commissioner of Taxation v Zeitouni [2013] FCA 1011; (2013) ALR 603
Ford, in the matter of Careers Australia Group Ltd (in liq) v Mansfield [2022] FCA 173
Kosmos Capital Pty Ltd v Turiya Ventures LLC [2019] FCA 528
LFDB v SM (No 3) [2017] FCA 80
Statewide Secured Investments Pty Ltd v Tarrant [2011] FCA 1067
Division: General Division Registry: New South Wales National Practice Area: Administrative and Constitutional Law and Human Rights Number of paragraphs: 28 Date of last submission/s: 24 April 2025 Date of hearing: Determined on the papers Counsel for the Applicants: Mr T Goodwin Solicitor for the Applicants: Mackay Chapman ORDERS
NSD 1665 of 2015 BETWEEN: LFDB
First Applicant
DBA(AU)
Second Applicant
DPA(AU) AS TRUSTEE FOR DPT (and others named in the Schedule)
Third Applicant
AND: SM
Respondent
ORDER MADE BY:
YOUNAN J
DATE OF ORDER:
20 JUNE 2025
THE COURT ORDERS THAT:
1.Pursuant to r 10.24 of the Federal Court Rules 2011 (Cth), the applicants be granted leave to serve the interlocutory application, filed on 25 February 2025, and accompanying affidavit of Michael Chapman, dated 13 February 2025, by causing such documents to be sent together with a copy of this order to:
(a)the email address ______________;
(b)Taylor David Lawyers at the email address c.hagon@taylordavid.com; and
(c)Marque Lawyers at the email address damians@marquelawyers.com.au.
2.Pursuant to r 10.24 of the Rules, service shall be taken to have been effected on the respondent 14 days after the steps in order 1.
3.Costs be reserved.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
REASONS FOR JUDGMENT
YOUNAN J:
In early 2009, the first applicant (LFDB) and respondent (SM) separated, triggering protracted litigation across multiple jurisdictions concerning relationship property. The present dispute concerns the registration in this Court of two New Zealand High Court judgments, delivered on 26 November 2015, pursuant to s 68 of the Trans-Tasman Proceedings Act 2010 (Cth) (TPP Act).
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- AGLC
- LFDB v SM (No 5) [2025] FCA 654
- Case
- [2025] FCA 654
- Decision Date
CaseChat Overview and Summary
The court considered the provisions of rule 10.24, which allows for substituted service when the respondent cannot be found or when the respondent is outside Australia. Given the applicants' unsuccessful attempts to serve the documents and the possibility that the respondent was outside Australia, the court found that substituted service was appropriate. The court also noted that rule 10.49, which deals with service outside Australia, might be relevant but did not need to be addressed in detail for the current decision. The applicants were granted leave to serve the documents as specified in the order, and service was to be deemed effective 14 days after the documents were sent. The court reserved the question of costs.
The orders granted the applicants leave to serve the interlocutory application and affidavit through specified email addresses, with service deemed effective 14 days after dispatch. Costs were reserved for a later determination.
Orders
Orders of the court
1. Pursuant to r 10.24 of the Federal Court Rules 2011 (Cth), the applicants be granted leave to serve the interlocutory application, filed on 25 February 2025, and accompanying affidavit of Michael Chapman, dated 13 February 2025, by causing such documents to be sent together with a copy of this order to:
(a) the email address ______________;
(b) Taylor David Lawyers at the email address c.hagon@taylordavid.com; and
(c) Marque Lawyers at the email address damians@marquelawyers.com.au.
2. Pursuant to r 10.24 of the Rules, service shall be taken to have been effected on the respondent 14 days after the steps in order 1.
3. Costs be reserved.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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