By James Daniel, Founder and Principal on 23/06/2022 – [SOURCE]
In the matter of Greatcell Solar Limited (in Liquidation) [2022] FCA 723 there is a reminder that directors residing in foreign jurisdictions are not exempt from being served with an examination summons.
A liquidator seeking to serve a director (or other officer) a summons under s596A or other examinee under s596B of the Corporations Act, outside of Australia, will need to seek leave in the Federal Court under r10.44.
Service will be conducted in accordance with either a convention (if any), or if none then the Hague Convention (if the country is a party) or if not a party, then by the law of that foreign country. Many countries are party to the ‘Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters’.
Practicalities:
- Service under the Hague Convention can be long, so timing will need to be taken into account when considering the return date of the summons;
- The liquidators may offer to accept production of documents electronically (rather than in printed form) and inform the court; and
- The examinees may seek leave of the court to appear by video-link. In my experience, the Federal Court is quite accommodating on this issue
