Federal Court of Australia

Substituted service

Applications for substituted service of a bankruptcy notice or a creditor's petition should be supported by evidence of the following:

1. The address of the debtor.

2. The debtor's last known occupation and business address (or last known place of employment).

3. Specific enquiries made to locate the debtor. If service has been attempted on a number of occasions at a specific address, evidence of those attempts and of any conversation with persons at that address, should be given by way of affidavit from the person who made the enquiries. If possible, conversations should be deposed to in direct speech.

4. Whether the debtor has been served with process on any previous occasion at a specific address or whether substituted service has been ordered against the debtor on any previous occasions.

5. Whether the debtor is believed to be avoiding service.

6. The names and addresses of relatives or friends who are believed to be in contact with the debtor.

7. Details of enquiries made to locate the debtor through authorities such as the Department of Motor Transport and/or the Australian Electoral Office.

Efforts should be made to ensure that all evidence is current, and so far as practicable in primary form so as to avoid hearsay whenever possible.

Practitioner should prepare short minutes of order in accordance with the draft orders attached. These are to be handed to the Registrar at hearing.

Draft Orders for Substituted Service of Bankruptcy Notice

THE COURT ORDERS THAT:

1. Personal service of Bankruptcy Notice No. of 19 be dispensed with.

2. A true copy of the Bankruptcy Notice signed and stamped by a Registrar or the Deputy Registrar in Bankruptcy together with a sealed copy of this order be served on or before as follows:

a. by pre-paid registered post addressed to the judgment debtor at...
b. by pre-paid registered post addressed to...
c. by personal service on any person apparently over the age of sixteen years at...

3. A notice be published on or before...once in a Sydney daily newspaper in form B1 at p. 861 of the Australian Bankruptcy Law and Practice varied to meet the requirements of this order.

4. Service in accordance with this order shall be deemed good and sufficient service of the bankruptcy notice upon the debtor.

5. The Bankruptcy Notice shall be deemed to be served on the debtor on....

6. Bankruptcy Notice B be amended by deleting the words "service of this notice on you excluding the day on which this notice is served on you" and substituting "the day of ..19..".

7. Costs of this application be reserved.

Draft Orders for Substituted Service of Creditor's Petition

THE COURT ORDERS THAT:

1. Personal service of the petition is dispensed with.

2. An official copy of the petition and copies of the affidavits of... together with the consent of a registered trustee and a sealed copy of today's order be served on any person apparently over the age of sixteen years at...

OR

3. (Where appropriate) That a notice be published in a Sydney daily newspaper in form B2 at p 861 of the Bankruptcy Practice varied to meet the requirements of this order.

4. The petition shall be deemed to be served on the debtor....days after service in accorance with order 2 or ...days after the date of publication of the notice in accordance with order 3 whichever is the later.

5. The hearing of the petition be adjourned to...

6. Costs reserved.

Registrar in Bankruptcy
20 August 1984