Victorian Consolidated Regulations

SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2005 - SECT 6.07.

How ordinary service effected

6.07. How ordinary service effected



(1) Where personal service of a document is not required, the document may be
served-

   (a)  by leaving the document at the proper address of the person to be
        served on any day on which the Prothonotary's office is open;

   (b)  by posting the document to the person to be served at the person's
        proper address;

   (c)  where provision is made by or under any Act for service of a document
        on a corporation, by serving the document in accordance with that
        provision;

   (d)  where the solicitor for a party has facilities for the reception of
        documents in an exchange box in a document exchange, by leaving the
        document in that exchange box or in another exchange box for
        transmission to that exchange box; or

   (e)  where the solicitor for a party has facilities for the reception by
        telephone transmission of a facsimile of a document, by telephone
        transmission of the document in accordance with paragraph (2.1).

(2) For the purpose of paragraph (1), the proper address of a person shall be
the address for service of that person in the proceeding, but if at the time
service is to be effected that person has no address for service, the proper
address shall be-

   (a)  in the case of an individual, his or her usual or last known place of
        residence or of business;

   (b)  in the case of individuals suing or being sued in the name of a firm,
        the principal or last known place of business of the firm;

   (c)  in the case of a corporation, the registered or principal office of
        the corporation.

(2.1) A document that is served by telephone transmission shall include a
cover page stating-

   (a)  the name, address and telephone number of the sender;

   (b)  the name of the solicitor to be served;

   (c)  the date and time of transmission;

   (d)  the total number of pages transmitted, including the cover page;

   (e)  the telephone number from which the document is transmitted;

   (f)  the name and telephone number of a person to contact in the event of
        any problem in transmission of the document;

   (g)  that the transmission is by way of service under Rule 6.07(1)(e).

(3) Where no person can be found at the address for service of a plaintiff who
sues or a defendant who has appeared in person, any document in the proceeding
may be served on that plaintiff or defendant by filing it.

(3.1) A party who serves a document by filing in accordance with paragraph (3)
shall indorse upon a backsheet or on the back of the last sheet a statement
that the document is filed as such service.

(4) Service in accordance with paragraph (1)(a) or (1)(e) which is effected
after 4.00 p.m. shall, for the purpose of calculating any period of time after
that service, be taken to have been effected on the next day the
Prothonotary's office is open.

(5) The day of service of a document shall, where the document-

   (a)  is sent by post in accordance with paragraph (1)(b)-be taken to be the
        day it would be delivered in the normal course of post;

   (b)  is delivered into the facilities of a document exchange in accordance
        with paragraph (1)(d)-be taken to be the day following the day upon
        which it is so delivered or, where a document is delivered on a
        Friday, be taken to be the following Monday-

or on such other day as may be proved.



(6) In this Rule, document exchange means any document exchange for the time
being approved by the Chief Justice on the recommendation of the Council of
the Law Institute of Victoria.