When commencing proceedings in the Federal Court of Australia (Court), the applicant (Applicant) (or plaintiff), (the party who commences the proceedings) is required to serve the documents filed in the Court on all respondents (Respondents) or defendants (the party the proceedings are brought against) personally in accordance with the Federal Court Rules 2011 (Cth) (FC Rules).
In circumstances where a Respondent evades service, the Applicant will need to do everything in their power to prove to the Court that the other party has been served and made aware of the proceedings. [Read more…]