PENNA & LANZA

Case

[2014] FCCA 278

7 February 2014


Details
AGLC Case Decision Date
PENNA & LANZA [2014] FCCA 278 [2014] FCCA 278 7 February 2014

CaseChat Overview and Summary

In the matter of *Penna & Lanza*, heard before Purdon-Sully J of the Federal Circuit Court of Australia, the dispute concerned an application by the mother, Ms Penna, for parenting orders. The primary issue before the court was how to effect service of the initiating application and supporting affidavits upon the father, who was residing in Queensland.

The court was required to determine the appropriate method of service of court documents on the father, given his apparent absence and the need to ensure he was properly notified of the proceedings. This included considering alternative methods of service beyond traditional personal service, particularly in light of the father's location and the mother's efforts to locate him.

Purdon-Sully J ordered that service of the initiating application and several affidavits be effected by certified mail to the father's residential address in Queensland and to the paternal grandmother's address. The court further deemed the father to have been served three days after this postal service was completed. Additionally, the mother was granted liberty to post notice of the proceedings and the next court date on the father's Facebook profile. The matter was subsequently adjourned for mention.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Jurisdiction

  • Procedural Fairness

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