New South Wales Consolidated Regulations

DISTRICT COURT RULES 1973 - SECT 53.3

53.3 Service of documents

(1) In this rule:
"copy" means a true copy of a document (including a notice of listing) to be served.
"party" means the person to be served with a document.
"service" means service of a document required or permitted by or under any Act or these rules or by any order of the Court to be served in the conduct of any proceedings.

(2) Except where otherwise provided by or under any Act or these rules, service may be effected:

(a) on an accused person, appellant, or respondent to an appeal under section 23 (1) of the Crimes (Local Courts Appeal and Review) Act 2001 -by a member of the police force or a Sheriff’s Officer, or

(b) on any other person, by any person over the age of 16 years.

(3) Service may be personal, but need not be personal unless required by the rules or any order.

(4) Personal service may be effected by delivering a copy to the party personally.

(5) A copy may be delivered to a person by handing it to him or by leaving it in his presence and informing him of its nature.

(6) Except where personal service is required, service may be effected by delivering a copy at the residence or place of business of the party, to a person apparently not less than 16 years old and apparently residing at that residence or employed at that place of business.

(7) It shall not be necessary to the regular service of any document that the original thereof be produced to any person.

(8) Where a solicitor acts for a party, service on the party may be effected by:

(a) delivering a copy to the solicitor,

(b) leaving a copy, addressed to the solicitor, at his office,

(c) sending a copy by post addressed to the solicitor at his office, or

(d) where the solicitor has an exchange box in a document exchange, in the State, of Australian Document Exchange Pty Limited-leaving a copy, addressed to the solicitor, in that exchange box or at another exchange box for transmission to that exchange box.

(9) Service on a party who is in custody at an institution may be effected by delivery of a copy at the institution to the officer in charge thereof.

(10) Service:

(b) by leaving a copy at an exchange box shall be deemed to be effected on a day 2 days after the copy is so left.