The Court held that an order for substituted service of a bankruptcy notice under r 10.24 or r 10.49 of the Federal Court Rules requires evidence of impracticability of personal service or unsuccessful prior attempts at service, and that merely pointing to a respondent's location in a foreign country is insufficient without evidence of specific difficulties or costs. However, the Court held that the impracticability threshold for deemed service under r 10.23 or r 10.48 is less stringent where there is compelling evidence the document was actually brought to the respondent's attention, and on the facts made an order for deemed service where the respondent had acknowledged receipt of the bankruptcy notice by email. The Court also confirmed that orders for substituted service on overseas persons may be made under both r 10.24 and r 10.49.
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