SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Zdravkovic |
Citation: | [2015] ACTSC 154 |
Hearing Date(s): | 11 and 15 June 2015 |
DecisionDate: | 15 June 2015 |
Publication of Reasons Date: | 26 June 2015 |
Before: | Refshauge J |
Decision: | 1. The requirement for personal service of the subpoena issued to TS be dispensed with. 2. The subpoena and a copy of this order be delivered to [address in Canberra] by no later than close of business on Tuesday 16 June 2015 and affixed to the front door of the premises. 3. A letter, enclosing a copy of the subpoena and this order be personally delivered to Mr James Maher of Kamy Saeedi Law, who has filed a Notice of Solicitor Acting for Peter Zdravkovic, advising him of the date and time of delivery of the subpoena to [address in Canberra]. 4. A letter be sent, addressed to TS, by pre-paid post to [address in Canberra] enclosing a copy of the subpoena and of this order, advising her that upon compliance with that order, the court has deemed that compliance with the order will be deemed to be good service on her of the subpoena as if it had been personally served and that she will, therefore, be bound by its terms. 5. A letter be sent by prepaid post or hand delivered, enclosing a copy of the subpoena and this order, to [TS’s mother], requesting her to bring the documents to the attention of her daughter. 6. A text message be sent to the mobile telephone number of TS advising that a subpoena has been issued requiring her attendance at court on 22 June 2015 and a copy has been sent to her home address, her mother and Mr Zdravkovic’s lawyer as well as being delivered to her home which the court has declared is a binding order on her to attend. 7. Any conduct money payable to TS be payable to her in cash upon her attendance at Court on 22 June 2015. 8. The delivery of the documents in accordance with orders 2 and 6 be deemed to be good service of the subpoena on TS. |
Category: | Principal Judgment |
Catchwords: | CRIMINAL LAW – Jurisdiction Practice and procedure – Subpoena – Service – Application for substituted service – Service of a subpoena – Attempting to evade service – Reasonable efforts made to effect personal service – Dispensing power under s 6 of the Court Procedures Rules 2006 (ACT) |
Legislation Cited: | County Court Civil Procedure Rules 2008 (Vic), r 6.10 County Court Criminal Procedure Rules 2009 (Vic), r 1.09 |
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- AGLC
- R v Zdravkovic [2015] ACTSC 154
- Case
- [2015] ACTSC 154
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the circumstances justified the use of substituted service of the subpoena on TS, considering the reasonable efforts already undertaken to serve her personally. The court had to balance the need for the subpoena to be served with the respondent's rights to due process and fair trial. The court also needed to consider the necessity of ensuring TS's attendance at court, given her attempts to avoid service.
The court found that the reasonable efforts made to effect personal service were insufficient, and there was a substantial likelihood that TS would not attend court without the use of substituted service. The court concluded that it was appropriate to exercise its dispensing power under section 6 of the Court Procedures Rules 2006 (ACT) to allow for substituted service. The court detailed specific measures for delivering the subpoena, including delivering it to TS's home, her mother, and her legal representative. The court also outlined the procedure for notifying TS of the subpoena's issuance and the consequences of non-compliance.
The court issued several orders to facilitate the substituted service of the subpoena on TS. These included dispensing with the requirement for personal service, delivering the subpoena to TS's home and legal representative, and sending letters and text messages to ensure TS was aware of the subpoena and its implications. The court deemed the delivery of the documents in accordance with these orders to be good service of the subpoena on TS.
Orders
Orders of the court
1. The requirement for personal service of the subpoena issued to TS be dispensed with.
2. The subpoena and a copy of this order be delivered to [address in Canberra] by no later than close of business on Tuesday 16 June 2015 and affixed to the front door of the premises.
3. A letter, enclosing a copy of the subpoena and this order be personally delivered to Mr James Maher of Kamy Saeedi Law, who has filed a Notice of Solicitor Acting for Peter Zdravkovic, advising him of the date and time of delivery of the subpoena to [address in Canberra].
4. A letter be sent, addressed to TS, by pre-paid post to [address in Canberra] enclosing a copy of the subpoena and of this order, advising her that upon compliance with that order, the court has deemed that compliance with the order will be deemed to be good service on her of the subpoena as if it had been personally served and that she will, therefore, be bound by its terms.
5. A letter be sent by prepaid post or hand delivered, enclosing a copy of the subpoena and this order, to [TS’s mother], requesting her to bring the documents to the attention of her daughter.
6. A text message be sent to the mobile telephone number of TS advising that a subpoena has been issued requiring her attendance at court on 22 June 2015 and a copy has been sent to her home address, her mother and Mr Zdravkovic’s lawyer as well as being delivered to her home which the court has declared is a binding order on her to attend.
7. Any conduct money payable to TS be payable to her in cash upon her attendance at Court on 22 June 2015.
8. The delivery of the documents in accordance with orders 2 and 6 be deemed to be good service of the subpoena on TS.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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