Western Australian Consolidated Regulations

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RULES OF THE SUPREME COURT 1971 - ORDER 9 RULE 1

1 .         General provisions

        (1)         Subject to the provisions of any Act and these Rules, a writ must be served personally on each defendant by the plaintiff or his agent.

        (2)         Where a defendant’s solicitor indorses on the writ a statement that he accepts service of the writ on behalf of that defendant, the writ shall be deemed to have been duly served on that defendant and to have been so served on the date on which the indorsement was made.

        (3)         Where a writ is not duly served on a defendant but he enters an unconditional appearance in the action begun by the writ, the writ shall be deemed to be duly served on him and to have been so served on the date on which he entered the appearance.

        (4)         Where a writ is duly served on a defendant otherwise than by virtue of paragraph (2) or (3), then subject to Order 10 Rule 9(9), unless within 3 days after service the person serving it indorses on the sealed copy of the writ the following particulars, that is to say, the day of the week and date on which it was served, where it was served, the person on whom it was served, and, where he is not the defendant, the capacity in which he was served, the plaintiff in the action begun by the writ shall not be entitled to enter final or interlocutory judgment against the defendant in default of appearance or in default of defence.



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