UNIFORM CIVIL PROCEDURE RULES 2005 - REG 4.5 Address for service

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 4.5

4.5 Address for service

(cf SCR Part 9, rule 6; DCR Part 8, rule 8; LCR Part 7, rule 8)

(1) Subject to subrule (2), a person's address for service is to be the address of a place in New South Wales (other than a DX address)--

(a) at which documents in the proceedings may be left for the person during ordinary business hours, and

(b) to which documents in the proceedings may be posted for the person.

(2) The address for service of a person who has a solicitor on the record is to be--

(a) the office of the solicitor on the record, or

(b) if the solicitor on the record has another solicitor acting as agent, the office of the agent.

(3) Despite subrules (1) and (2)--

(a) the address for service of a defendant who is served with originating process outside New South Wales, but in Australia, may be any address in Australia, whether inside or outside New South Wales, and

(b) the address for service of a person who files a notice under section 19(1) of the Mutual Recognition Act 1992 of the Commonwealth (other than a person who is represented by a solicitor) may be any address in Australia, whether inside or outside New South Wales, and

(c) the address for service contained in an application to set aside a subpoena made under section 35 of the Trans-Tasman Proceedings Act 2010 of the Commonwealth (other than a person who is represented by a solicitor) may be--

(i) any address in Australia, whether inside or outside New South Wales, or

(ii) any address in New Zealand, and

(d) the address for service of a person who has entered an appearance under the Service and Execution of Process Act 1992 of the Commonwealth is to be the address for service stated in relation to the appearance.