“This case shows that avoiding services won’t prevent the legal process from going ahead. Courts will approve substituted services where it’s clear the person is aware of the proceedings or deliberately evading them. For our client, it meant no more delays and a clear path forward in their bankruptcy matter.”
Bruce Pasetti – Practice Leader
At Stratos Legal, we know that serving legal documents is a crucial step in any proceeding, but what happens when someone goes out of their way to avoid being served?
Thats exactly what happened in this matter where our client needed to serve bankruptcy notice on a respondent who was doing everything possible to stay out of reach.
The Problem | A Respondent Who Wouldn’t Be Found
Despite repeated attempts by our process servers (Four visits to their residential address) the respondent was allegedly never home. They also refuse to accept services via email, and when we contracted their solicitors, they declined to confirm whether they were authorized to accept service on their behalf.
Without personal service, the legal process was stuck. But giving up wasn’t an option.
Our Strategy | Proving Service Was Impractical
Before we could apply for substituted Service, we had to show the Court that we had exhausted all reasonable avenues to serve them personally and that alternative methods would likely bring the bankruptcy notice to their attention.
To build our case, we:
- Confirmed the respondent owned the property using and up-to-date title search
- Collected email communication between us and the respondent to confirm their email was active
- Cross-reference a purchase agreement and ASIC search to establish that they used another name.
- Used process server reports and a delivered package addressed to the respondent (containing their mobile and email) to prove they resided at the property.
- Documented every step taken, from phone calls to returned mail and online trace attempts.
The Outcome | Substituted Service Granted
Armed with all this evidence, we applied to the Federal Circuit and Family Court of Australia for an order allowing us to serve the bankruptcy notice by email, express post and text message instead of in person.
The Court agreed and granted our application for substituted service. this meant the respondent was deemed to have been properly served, even though they never accepted the documents.
More Helpful Sources
Luke Gunthorpe Solicitor InCharge of Case | Key Contacts | Stratos Legal
Substituted Service Explained | Substituted Service – Go To Court
