Commonwealth Consolidated Acts

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SERVICE AND EXECUTION OF PROCESS ACT 1992 - SECT 25

Time for service

             (1)  If the person served is required or permitted to do an act specified or referred to in the process not later than a particular day, service is only effective if the period between service and that day is not less than:

                     (a)  21 days; or

                     (b)  such shorter period as a court or authority, on application, allows.

             (2)  The matters that the court or authority is to take into account in determining an application to allow a shorter period include:

                     (a)  urgency; and

                     (b)  the place of residence or business of the person to be served; and

                     (c)  whether a related or similar proceeding has been commenced against the person or another person.

             (3)  In this section:

"court or authority" means the court in which, or the authority before whom, the proceeding in relation to which an initiating process has been issued will or might be heard.


 



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