Page 2228 - Week 07 - Thursday, 17 June 1993

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CURRENTLY, A PRACTICE DIRECTION JOINS THE DIRECTOR TO THE OTHER PARTY AS CO-RESPONDENTS ALLOWING APPLICATIONS TO PROCEED; HOWEVER, THIS COULD POTENTIALLY CREATE UNDESIRABLE OBLIGATIONS FOR THE DIRECTOR TO THE OTHER PARTY.

WHILE REMOVING THE DIRECTOR AS A FORMAL RESPONDENT, THE ACT CONTINUES TO ENSURE THAT THE DIRECTOR WILL BE BOUND BY AN ORDER OF THE COURT.

THE SIXTH MATTER DEALT WITH BY THE BILL CONCERNS THE SERVICE OF NOTICES OF CLAIM TO THE COURT MADE BY ONE PARTY IN CASES WHERE THE WHEREABOUTS OF THE OTHER PARTY IS UNKNOWN.

IN SOME CASES, IT APPEARS THAT BOND MONEY WHICH WAS DISPUTED BY BOTH PARTIES, ONE OF WHOM CANNOT SUBSEQUENTLY BE CONTACTED AND HENCE CANNOT BE SERVED, COULD BE EFFECTIVELYFROZEN IF A CLAIM IS UNABLE TO PROCEED.

WHILE THE SMALL CLAIMS ACT ALLOWS A CLAM TO BE FILED WITHOUT THE ADDRESS OF THE OTHER PARTY BEING KNOWN, IN SOME CIRCUMSTANCES THE CLAIM CANNOT PROCEED WHERE THIS LACK OF AN ADDRESS MEANS THAT THE COURT HAS SOME DOUBT THAT SERVICE OF THE NOTICE OF CLAIM HAS BEEN EFFECTIVE.

UNDER THE SMALL CLAIMS ACT, IT IS POSSIBLE TO ORDER THE SUBSTITUTION FOR SERVICE OF A NOTICE BY ADVERTISEMENT IN A NATIONALLY DISTRIBUTED NEWSPAPER, BUT THIS MUST SATISFY THE COURT AS EFFECTIVE SERVICE.

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