Optics Online Pty Limited v Sunland Group Limited

In the matter of Optics Online Pty Limited v Sunland Group Limited, the Federal Court was tasked with granting permission for substituted service of a subpoena on Peter Giuffre. The applicant, Optics Online, sought to subpoena documents from Giuffre, who was believed to be outside of Australia. The respondents, Sunland Group, Lynch & Co Solicitors, McCullough Robertson Lawyers, Robinson & Robinson Lawyers, and Harcourts Mermaid Beach, were involved in the dispute. The legal issues at hand included whether substituted service was appropriate and whether the applicant should be granted exclusive access to the documents produced on subpoena.

The court determined that substituted service was warranted due to Giuffre's absence from Australia and the unlikelihood of personal service being feasible. The court found that the criteria for substituted service under Order 7 Rule 9 of the Federal Court Rules were satisfied, allowing for service by pre-paid registered post. The court also granted the applicant exclusive access to the documents produced on subpoena for seven days to allow for inspection and preparation of any privilege claims. The court further set timelines for the filing and service of notices of motion and affidavits, and scheduled a directions hearing to manage the proceedings.

The court's orders included dispensing with personal service of the subpoena and allowing substituted service by pre-paid registered post. The subpoena was deemed served upon Giuffre seven days after posting. The applicant was granted exclusive access to the documents produced on subpoena for seven days, followed by general access for all parties. The court also set deadlines for filing and serving notices of motion and affidavits, and scheduled a directions hearing to manage the proceedings.

The final orders provided detailed instructions for substituted service of the subpoena, exclusive and general access to documents produced on subpoena, and timelines for filing and serving notices of motion and affidavits. The directions hearing was scheduled for 18 June 2007, with an exchange of outlines of submissions by 13 June 2007. The court stood over the directions hearing on 5 July 2007, subject to any party not interested in participating in the motion being excused from attendance until otherwise notified.