Ross v Cotter

In the case of Ross v Cotter, the applicants, Ross and Waterman, sought an order for deemed service of the originating documents and a default judgment against the respondents, Mr and Mrs Cotter. The application was heard by the Federal Court of Australia. The applicants argued that they had met the criteria for deemed service and default judgment under the Federal Court Rules 2011. The respondents did not appear on the return date for the directions hearing and did not file a notice of address for service, leading the applicants to seek a default judgment against them.

The legal issues the court had to decide were whether the applicants had met the criteria for deemed service and default judgment under the Federal Court Rules 2011. The applicants argued that the respondents' failure to attend the directions hearing and file a notice of address for service constituted a default under rr 5.01 and 5.02 of the Rules. The court had to determine if the applicants' claims met the criteria for a default judgment under rr 5.22 and 5.23(2) of the Rules.

The court found that the applicants had met both criteria for deemed service and default judgment. The court ordered that the originating documents were taken to have been served on the respondents by no later than 11 February 2015. The court found that the respondents' failure to attend the directions hearing and file a notice of address for service constituted a default under rr 5.01 and 5.02 of the Rules. The court granted the applicants' application for a default judgment against the respondents, ordering them to pay the applicants' costs and a specified sum of money.