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Sender:
Lionel Smith
Date:
Thu, 2 Nov 2000 09:16:59 -0500
Re:
Cases of interest?

 

Gordon wrote:

Regarding the judge's question in Durrani v. Augier: I seem to recall that, at least in matrimonial (and perhaps in all) causes when I was first in practice in Victoria, Australia, a party was not allowed in his own person to effect service of process. He had to employ his solicitor or a licensed process server to do so. Perhaps a similar rule might have thwarted Augier's scheme?

There is no mention of who served. I think, however, that the rule must be as you describe the Victoria rule. So I am not really sure how he got that default judgment. The judge mentioned that Augier had been a paralegal which is how he learned about the litigation process. Maybe he was actually a licensed process server? But that's just speculation.

 

Lionel


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