In the District Court of Queensland case Ischebeck Titan (Australia) Pty Ltd v Formconnect Pty Ltd & Anor [2024] QDC 48, the court addressed a procedural dilemma surrounding the informal service of court documents. The plaintiff, Ischebeck Titan (Australia) Pty Ltd, attempted service by emailing the claim and statement of claim to the second defendant, Marcus Troy Laukkanen, at an email address associated with the first defendant. The second defendant acknowledged receipt and sought to negotiate a payment plan. However, this method of service deviated from the normative requirement for personal service as stipulated in the Uniform Civil Procedure Rules. Despite this, the court found that the documents indeed reached the intended party. Given the circumstances and in adherence to Rule 117 of the Uniform Civil Procedure Rules 1999 (Qld), the court determined the service was effectively executed on the second defendant the following day, after the usual 4pm cutoff for same-day service.
Ischebeck Titan (Australia) Pty Ltd v Formconnect Pty Ltd & Anor [2024] QDC 48
Updated: Apr 16, 2024