New South Wales Repealed Regulations

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This legislation has been repealed.

COMPENSATION COURT RULES 1990 - SECT 8.5

Doubtful service

8.5 Doubtful service

(1) Where service of any document has not been personal, and the Court is satisfied on the evidence before it that the service did not come to the knowledge of the party within a reasonable time, or on that evidence is in doubt, the Court shall not allow any fresh step in the proceedings to be taken against the party, but shall adjourn or strike out the proceedings, or order fresh process to issue, as to it may seem just.
(2) Where it is impracticable for any reason to effect service of any document, but steps have been taken for the purpose of bringing, or having a tendency to bring, the document to the notice of the party, the Court may if it thinks fit by order direct that the service be deemed to have been effected on a date specified in the order.
(3) Where a party lodges any document for filing in reply to a document alleged to have been served on him, he shall be taken to have waived any objection he may have to the service unless he lodges and serves notice of that objection at the time when he lodges the document.



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