Federal Court of Australia

Sozou v Bardella, in the matter of Dropshaft Pty Ltd (in liquidation) (substituted service) [2026] FCA 1304

ORDERS

THE COURT ORDERS THAT:

1.    Pursuant to r 10.24 of the Federal Court Rules 2011 (Cth), service on the First Defendant of the following documents:

(a)    the originating process filed 8 July 2026;

(b)    the supporting affidavit of Anthony Norman Connelly sworn on 8 July 2026 and Exhibit AC-1 to that affidavit;

(c)    the genuine steps statement filed 8 July 2026;

(d)    the orders of Justice Goodman dated 8 July 2026; and

(e)    a copy of these orders and reasons for judgment,

(together, the Documents) be effected by the Plaintiffs taking the following steps, each of which is to be clearly and prominently marked to the attention of the First Defendant:

(f)    causing copies of the Documents to be sent by email to the email address mbardella@quantiva.com.au;

(g)    causing an electronic link to the Documents to be sent by text message to the mobile number “0412 600 511”;

(h)    causing copies of the Documents to be delivered to Shop 1, 466 Liverpool Road Strathfield South NSW 2136; and

(i)    causing copies of the Documents to be delivered to 24 South Street, Strathfield NSW 2135.

2.    Service of the Documents on the First Defendant be deemed to be effective 3 business days after the last step taken by the Plaintiffs in accordance with Order 1 of these orders.

3.    Until such time as the First Defendant files and serves a notice of address for service or further order, service by the Plaintiffs on the First Defendant of any further documents in this proceeding may be effected by the Plaintiffs in accordance with Order 1 of these orders.

4.    The costs of this interlocutory process be costs in the cause.

5.    These orders be entered forthwith.

Note:    Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

CHEESEMAN J:

1    By interlocutory application accepted for filing on 26 August 2026, the plaintiffs seek orders under r 10.24 of the Federal Court Rules 2011 (Cth) for substituted service on the first defendant, Mr Massimiliano Bardella. The application has been brought promptly with an eye to the timing of the first case management hearing on 24 September 2026 and is determined on the papers.

2    The application is supported by an affidavit of Laura Jane Johns, Norton Rose Fulbright solicitor on record for the plaintiffs, sworn on 25 August 2026 together with Exhibit LJ-1; and an affidavit of Ms Talysha Sabatino, licensed process server, sworn on 11 August 2026.

3    The evidence identifies an email address, mobile telephone number and two street addresses associated with Mr Bardella. Ms Sabatino made repeated attempts to serve Mr Bardella at the physical locations. Those attempts included attendances on 15, 16, 17, 21, 30 and 31 July 2026, telephone calls, voicemail messages, text messages, and calling cards. Despite her efforts, Ms Sabatino was not able to effect personal service. Mr Bardella has not responded to any communications.

4    In addition to the above, on 29 July 2026, the plaintiffs’ solicitors sent an email attaching the documents to the identified email address and sent WhatsApp and text messages to the identified mobile number requesting contact to arrange service. No response had been received as at the time when Ms Johns swore her affidavit.

5    For the purpose of r 10.24, having regard to the number and nature of the attempts at service already made, I am satisfied that personal service is not practicable and that the proposed combination of email, text message and delivery to the two identified addresses is reasonably likely to bring the documents to the attention of Mr Bardella. Accordingly, I will make orders in the terms sought by the plaintiffs.

Associate:

Dated:    3 September 2026

SCHEDULE OF PARTIES