Mildura Aboriginal Corporation & Stewart v Australian Broadcasting Corporation

In the case of Mildura Aboriginal Corporation and Stewart versus Australian Broadcasting Corporation, the Federal Court was asked to consider whether a Notice of Offer of Compromise was properly served when it was transmitted by facsimile and not received by the defendant. The dispute arose from a broadcast by the Australian Broadcasting Corporation that the plaintiffs claimed was defamatory and a violation of their rights. The plaintiffs sought to recover costs associated with the litigation, arguing that they had served a Notice of Offer of Compromise under Order 6 of the Federal Court Rules.

The primary legal issue before the court was whether the facsimile transmission of the Notice of Offer of Compromise constituted valid service under the relevant rules, given that the document was not received by the defendant. The court considered whether the failure to receive the document was attributable to the defendant's own processes and whether the plaintiffs had taken reasonable steps to ensure the notice was delivered. Additionally, the court examined whether the facsimile transmission complied with the requirements of the Federal Court Rules for service of documents.

The court held that the facsimile transmission did not constitute proper service as it did not result in the defendant receiving the Notice of Offer of Compromise. The court found that the plaintiffs had not taken reasonable steps to ensure that the document was received, as they did not confirm that the facsimile number provided by the defendant was correct. The court emphasised that the onus was on the plaintiffs to ensure that the document was received and that the failure to do so could not be attributed to the defendant's internal processes. Consequently, the plaintiffs' claim for costs was dismissed.

The court ordered that the plaintiffs bear their own costs of the appeal and further ordered that no costs be awarded to the plaintiffs in relation to the Notice of Offer of Compromise. This decision underscores the importance of verifying the accuracy of contact information and taking proactive steps to ensure that documents are received when attempting to serve legal notices under the Federal Court Rules.