Steel Pty Ltd v Carbone

Steel Pty Ltd brought an application against Moe Orfali, an individual associated with Carbone, for the recovery of damages related to alleged breaches of contract and other claims. The matter was heard in the Federal Circuit Court of Australia. The primary issue before the court was whether it was appropriate to allow the Summons to be served on Orfali by email, despite prior unsuccessful attempts at personal service.

The court considered the relevant provisions of the Federal Circuit and Family Court of Australia (FCFCOA) Rules and the circumstances surrounding the attempts to serve Orfali personally. It was noted that the applicants had made several attempts to serve Orfali in person, but these had all failed. The court examined the necessity of personal service in light of the circumstances and the provisions of the FCFCOA Rules. It was determined that while personal service is generally preferred, there are instances where substituted service may be appropriate, particularly if it is not practicable to serve the Summons personally.

The court concluded that given the unsuccessful practical steps taken to effect personal service, and considering the nature of the claim and the fact that Orfali had been engaged with the legal process, it was appropriate to permit service by email. The court granted the application for substituted service, directing that the Summons and the orders be served by email to Orfali's specified address. The applicants were also required to provide sworn proof of the service by email. Upon receipt of this proof, the Summons was deemed to have been served on the date of transmission by email.