P v. P
[2008] QDC 16
•30 January 2008
[2008] QDC 16
DISTRICT COURT
CIVIL JURISDICTION
JUDGE ROBIN QC
No 2047 of 2007
| P | Applicants |
| and | |
| P | Respondent |
BRISBANE
..DATE 30/01/2008
ORDER
Catchwords
Proceeding under Part 19 of Property Law Act 1974 transferred to Supreme Court (under s 85(2) of District Court of Queensland Act 1967) where cooperation of respondents under s 329(4)(a) could not be anticipated - respondent now in Germany and of no fixed abide - substituted service ordered under UCPR s 116.
HIS HONOUR: The Court has made an order on the first return date of an application brought under Part 19 of the Property Law Act 1974. The complexity of the assets in which the parties have or may have interests is such that it has been determined that Part 19 ought to be invoked rather than the possibly more straight forward provisions of Section 38 and following.
The Court should transfer the matter to the Supreme Court under s 85(2) of the District Court of Queensland Act 1967 given the extent of the parties' collective assets as now deposed to by the applicant and the apparent unlikelihood of the respondent filing a document enlarging this Court's jurisdiction as contemplated in Section 329(4)(a) of the Property Law Act. Email material apparently emanating from him indicates an emotional reluctance to become involved in court proceedings in any way, although it may well be the case that, as appeared at earlier stages, he is willing to come to an amicable agreement without the Court's involvement.
Matters are made more difficult in a sense by the respondent's having left the country and having no fixed abode in Germany where he presently is. For want of anything more definite, for purposes of an order for substituted service under
rule 116, the Court is willing to rely on the postal address care of another person indicated by the respondent in a recent email communication. The practicalities are that in addition
to the use of that advised address and in the interests of saving time, communication by email will be resorted to.
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