Musicki v de Tonnerre

The applicant, Musicki, has applied for default judgment against the respondent, de Tonnerre, pursuant to rule 5.23 of the Federal Court Rules 2011 (Cth). This application arises from proceedings where the applicant alleges defamation and misleading and deceptive conduct under the Australian Consumer Law. The respondent has failed to file a notice of address for service or a defence, leading to the respondent being in default of appearance.

The court had to determine whether the respondent's failure to respond to the proceedings justifies granting the applicant's application for default judgment. This required an examination of whether the respondent's defaults warranted such a remedy, as outlined in rule 5.23 of the Federal Court Rules 2011 (Cth). The court also needed to consider the applicant's efforts to serve the proceedings on the respondent, as evidenced by the affidavits filed by the applicant.

The court granted the application for default judgment. The respondent's failure to file a notice of address for service or a defence was deemed sufficient to justify the application. The court noted the applicant's multiple efforts to serve the proceedings on the respondent, including compliance with substituted service orders. Consequently, the court found that the respondent's defaults warranted the granting of default judgment in favour of the applicant on the allegations of defamation. The court ordered that the respondent pay the applicant's costs and that the matter be listed for hearing to assess damages and costs. The applicant was also required to file and serve any affidavits regarding damages and lump sum costs by specified dates.