Polis v Zombor

In Polis v Zombor, Henry Peter Polis sought substituted service of an application under Rule 42.11 of the Federal Court Rules 2011 (Cth) to punish Luke Michael Zombor for contempt. The application arose from Zombor's non-compliance with discovery orders. Polis sought to serve the application by leaving it at Zombor's parents' residence, as direct service had been unsuccessful. The court was required to determine whether the proposed method of substituted service would likely bring knowledge of the documents to Zombor and whether leave should be granted under Rule 10.24 for this method.

The court considered the evidence showing that Zombor had not complied with previous orders and had not appeared in the proceedings. The method proposed by Polis was deemed likely to inform Zombor of the proceedings, as his parents resided at the specified address. The court concluded that substituted service was appropriate due to Zombor's non-compliance and lack of appearance. Accordingly, the court granted Polis leave to serve the documents using the proposed substituted service method, specifying the procedure and timeline for service. The matter was listed for a further case management hearing.

The court ordered that Polis could serve the interlocutory application and supporting documents by leaving them at Zombor's parents' residence, with service deemed effective three days after the documents were left. The case was scheduled for a further case management hearing on 28 June 2019, and costs were to be costs in the proceeding.