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COURT PROCEDURES RULES 2006 - REG 6460 Substituted service

COURT PROCEDURES RULES 2006 - REG 6460

Substituted service

    (1)     This rule applies if these rules require or allow a document in a proceeding to be served in a particular way (the authorised way ).

Note     This rule does not apply to a criminal proceeding (see r 4006 (Criminal proceedings—application of pt 6.8)).

    (2)     A party to the proceeding may apply to the court for an order allowing the document to be served in another way (the alternative way ).

Note     Pt 6.2 (Applications in proceedings) applies to an application for an order under this rule.

    (3)     The court may make the order if satisfied that—

        (a)     it is impracticable, for any reason, for the document to be served in the authorised way; and

        (b)     the alternative way is reasonably likely to bring the document to the attention of the person to be served.

    (4)     If the court makes the order, it may, in the order, provide that the document is taken to have been served on the happening of a stated event, at a stated time or at the end of a stated period.

    (5)     The court may make an order under this rule even though the person to be served is not in the ACT or Australia or was not in the ACT or Australia when the proceeding started.

    (6)     For any provision of these rules requiring personal service of a document on a person, service of the document on the person in accordance with an order under subrule (3) is taken to be personal service of the document on the person.