How to avoid a claim in the ACT Supreme Court

baldilocks 15 December 2010 7

Its easy if you know how.

All you have to be is a prominent senior counsel of the ACT Supreme Court and a past President of the ACT Bar Association.

Then when the process server appears, stay (hide?) in your chambers and get the receptionist to tell the process server that you are refusing to accept service of the claim.

Toooooooo easy

Whilst there are obviously ways around this, the following suggests itself as the best solution:

Get someone in a clown or gorilla costume, liberally dosed with “eau de skunk” or “eau de Mully turd”, and set up camp in the foyer of the said barristers chambers, complete with esky, maybe a small stove, sleeping bag, drum kit etc. Perhaps a pet rottweiler along as the support act for intelligent company. Alternately set up camp in the ACT Supreme Court until said senior counsel makes an appearance and serve him in open Court.

Then alert all the media to come along with cameras & mikes to wait it out until said senior counsel ventures forth to accept service.

What do you think? Any better suggestions for the recalitrant senior counsel. He was aware that the claim was coming.

A junior barrister also included in the claim accepted service withour demur or histrionics. Onya.

True story.

Ah lawyers. Same species, different planet.


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7 Responses to How to avoid a claim in the ACT Supreme Court
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Erg0 Erg0 1:58 pm 15 Dec 10

EvanJames said :

If you know where he lives, you could send it by registered post, so he has to sign for it. I know some lawyers use this method (the latest is to disguise it as a parcel so they think it’s something nice).

Or just write “Card Only” on the envelope.

Jungle Jim Jungle Jim 1:29 pm 15 Dec 10

EvanJames said :

If you know where he lives, you could send it by registered post, so he has to sign for it. I know some lawyers use this method (the latest is to disguise it as a parcel so they think it’s something nice).

With Christmas being the ideal time, as many people would be expecting parcels to show up in the coming weeks.

EvanJames EvanJames 11:14 am 15 Dec 10

If you know where he lives, you could send it by registered post, so he has to sign for it. I know some lawyers use this method (the latest is to disguise it as a parcel so they think it’s something nice).

dtc dtc 10:06 am 15 Dec 10

I can’t remember exactly, but aren’t you able to serve a document by leaving it at their usual place of business? Leaving being the operative word.

I think that is only for a company.

I suggest either hiring a process server and, if that doesnt work, making an application for substituted service.

Because, you know, making one attempt and failing does not make it a conspiracy.

If you are self represented and suing a barrister, chances are there is a reason the barrister doesnt want to deal with you. If you have lawyers, let the lawyers sort out service.

djk djk 9:32 am 15 Dec 10

I can’t remember exactly, but aren’t you able to serve a document by leaving it at their usual place of business? Leaving being the operative word.

EvanJames EvanJames 9:07 am 15 Dec 10

Get the person serving the process to make an appointment with the SC?

p1 p1 9:00 am 15 Dec 10

Serve them on facebook.

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