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VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 1998 - SECT 72 Notification of commencement

VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 1998 - SECT 72

Notification of commencement

    (1)     An applicant must serve a copy of an application or referral, within the time specified by the rules—

        (a)     on each other party; and

        (b)     on any other person entitled to notice of the application under this Act, the enabling enactment or the rules; and

        (c)     on any person that the Tribunal directs be given notice of the proceeding.

    (2)     Subsection (1) does not apply if—

        (a)     the principal registrar undertakes service on behalf of the applicant; or

S. 72(2)(b) amended by No. 101/1998 s. 23(a)(i).

        (b)     a member makes an order under subsection (3).

S. 72(3) amended by Nos 101/1998 s. 23(a)(ii), 17/2014 s. 160(Sch.  2 item 105.5).

    (3)     A member who is an Australian lawyer may make an order that service under subsection (1) be dispensed with if he or she is satisfied—

        (a)     that the applicant has made all reasonable attempts to serve a person, but has been unsuccessful; or

        (b)     that the making and hearing of an application or referral without notice to a person would not cause injustice.

S. 72(4) amended by No. 101/1998 s. 23(a)(iii).

    (4)     An order under subsection (3) may be made on the application of the applicant or at the member's own initiative.