Tax Practitioners Board v Buckland

The Tax Practitioners Board sought leave to serve the respondent, Anthony Dean Buckland, in the Philippines. The Board's originating application included affidavits from various individuals and a claim for relief, which sought an injunction pending judgment. Buckland, who was residing in the Philippines, was a registered tax practitioner who had been subject to proceedings for professional misconduct. The Federal Circuit and Family Court of Australia considered the Board's application for leave to serve Buckland in the Philippines, in accordance with the Hague Convention, and to dispense with the requirement to attempt personal service. The court was required to determine whether the Board had demonstrated sufficient grounds for leave to serve Buckland outside Australia and whether it could order substituted service without proof of unsuccessful attempts at personal service.

The court found that the Board had shown good prospects of success in its application for an interim injunction pending judgment. The Board had provided evidence that Buckland had engaged in activities that justified the need for such an injunction. The court also considered the need for urgent action due to the risk of harm if the injunction was not granted. The court concluded that the Board had demonstrated a sufficient likelihood of success in its application for the injunction. Furthermore, the court found that it was appropriate to dispense with the requirement for unsuccessful attempts at personal service given the respondent's location and the difficulty in effecting service in the Philippines. The court granted the Board leave to serve Buckland in the Philippines and allowed the application for substituted service, without the need for proof of unsuccessful attempts at personal service.

The Federal Circuit and Family Court of Australia granted the Tax Practitioners Board's application for leave to serve Buckland in the Philippines, in accordance with the Hague Convention. The court also allowed the application for substituted service without the need for proof of unsuccessful attempts at personal service. The court set down a hearing to determine whether a short-term interim injunction should be granted and ordered the Board to serve the respondent and file an affidavit of service. The court's decision allowed the Board to proceed with serving Buckland and pursuing its application for an injunction pending judgment.