Australian Capital Territory Current Regulations

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COURT PROCEDURES RULES 2006 - REG 6413

Doubtful service—Magistrates Court

    (1)     This rule applies if—

        (a)     an originating process or other document in a proceeding has been served on a person under rule 6411 (1) (c) (Service on individuals generally—Magistrates Court) or rule 6412 (Service of originating process by post—Magistrates Court); and

        (b)     the court is satisfied that—

              (i)     the document did not come to the knowledge of the person within a reasonable time; or

              (ii)     there is doubt about whether the document came to the knowledge of the person within a reasonable time.

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

    (2)     The court must not allow any further step in the proceeding to be taken against the person.

    (3)     On application by the person or a party to the proceeding, or on its own initiative, the court must—

        (a)     strike out or adjourn the proceeding; or

        (b)     order that the document be re-served on the person in the way (if any) stated in the order; or

        (c)     if judgment has been entered because the document was taken to be served—set aside the judgment; or

        (d)     make any other order it considers appropriate.

Note     Pt 6.2 (Applications in proceedings) applies to an application for an order under this rule.



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