An order for substituted service under r 116(1) UCPR (Qld) may be made in respect of a document that has not yet been filed or issued by the court, including an originating process anticipated to be issued in the near future. Even if such an order were made without jurisdiction, it remains a valid judicial order of a superior court effective until set aside, and service effected under it is valid. An applicant to set aside a regularly entered default judgment must provide a satisfactory explanation for failure to appear (not merely a bare assertion that documents were not received) and must swear to the truth of the facts supporting the defence, not merely exhibit an unverified draft defence.
The full text is available to signed-in members, including the 18 later cases that cite this judgment.
5 of the 18 citing cases carry a classified treatment. How each court treated it is available to signed-in members.