Australian Capital Territory Current Regulations

COURT PROCEDURES RULES 2006 - REG 6412

    (1)     The plaintiff may serve an originating process by post by sending a sealed copy by prepaid post in accordance with subrule (2) if the defendant's address stated in the process is an address in the ACT.

Note     This rule does not apply to a criminal proceeding (see r 4006 (Criminal proceedings—application of pt 6.8)).

    (2)     The copy must be sent in an envelope—

        (a)     addressed to the defendant at the defendant's address stated in the originating process; and

        (b)     marked with a return address.

    (3)     The return address must be the registry's address, but must not be identified as such.

    (4)     If the plaintiff serves an originating process under this rule, the plaintiff must complete and file a certificate of postal service for the process.

Note     See approved form 6.4 (Certificate of postal service) AF2019-29

    (5)     If the plaintiff completes and files a certificate of postal service for the originating process, the plaintiff is taken to have served the process personally on the defendant.

    (6)     However, if the envelope containing the originating process is returned to the registry by the postal authority as not having been delivered to the defendant—

        (a)     the plaintiff is not taken to have served the process on the defendant; and

        (b)     the registrar must—

              (i)     if judgment has been entered on the basis of the postal service—

    (A)     set aside the judgment; and

    (B)     if an enforcement proceeding has been issued—withdraw the proceeding; and

              (ii)     tell the plaintiff—

    (A)     that the process has not been served; and

    (B)     if judgment has been set aside—that judgment has been set aside.