New South Wales Repealed Regulations

This legislation has been repealed.

COMPENSATION COURT RULES 1990 - SECT 6.31

6.31 Service

(1) This rule applies where, in any proceedings, a document is required to be served on a disable person.

(2) Service on a disable person shall not be affected otherwise than in accordance with this rule.

(3) Where the disable person has a tutor or a solicitor in the proceedings, the document may be served on the tutor or solicitor.

(4) The document may be served on any person (including the disable person) whom the Court may, before or after service, approve.

(5) Where the person to be served is a minor, and has no tutor in the proceedings, the document may be served:

(a) if he is aged 16 years or upwards, on him,

(b) on a parent of his or a guardian of his person or of his estate, or

(c) if he has no parent and has no guardian of his person or of his estate, on a person with whom he resides or in whose care he is.

(6) Where the person to be served is an incompetent person and has no tutor in the proceedings, the document may be served:

(a) if he has a curator, on the curator, or

(b) if he has no curator, on a person with whom he resides or in whose care he is.

(7) A document served pursuant to any of subrules (3) to (6) must be served in the manner required by the rules with respect to the document.

(8) A judgment or order requiring a disable person to do, or refrain from doing, any act, and a subpoena addressed to a disable person, must, in addition to any other service required by the rules, and notwithstanding anything in subrules (3) to (6), be served personally on the disable person.

(9) This rule does not extend the jurisdiction of the Court over a disable person absent from the State.