Australian Capital Territory Current Regulations

COURT PROCEDURES RULES 2006 - REG 6431

    (1)     A document may be served on a corporation under these rules in a way provided—

        (a)     for the service of documents on the corporation under the Corporations Act or another applicable law; or

        (b)     by rule 6432 (Service on corporations—additional ways for all corporations).

Note 1     Meaning of corporation

Corporation includes a body politic or corporate (see href="http://www.legislation.act.gov.au/a/2001-14" title="A2001-14">Legislation Act

, dict, pt 1).

Note 2     Corporations Act

              •     the

, s 109X provides non-exhaustively for the service of documents on a company registered under that Act. The section does not apply to a document that may be served under the Service and Execution of Process Act 1992

(Cwlth) ( SEPA ), s 9 (see s 9 (9))

              •     the

, s 601CX provides for service of documents on a body corporate registered under that Act, pt 5B.1 (Registering a body corporate as a company). The section does not apply to a document that may be served under SEPA, s 9 (see s 9 (9)).

Note 3     Service and Execution of Process Act

SEPA, s 9 provides exhaustively for service of documents under that Act on a company or registered body corporate (see also s 15 (3)). SEPA, s 10 provides non-exhaustively for service of documents under that Act on any other body corporate (but see s 15 (4) for an originating process). SEPA, s 15 (5) provides for service of an originating process under that Act on a body politic.

Note 4     ACT legislation—general

The

, pt 19.5 provides non-exhaustively for the service of documents on corporations generally (including territory agencies).

Note 5     ACT legislation—specific

              •     the

, s 122 provides non-exhaustively for the service of documents and process on an incorporated association under that Act

              •     the

, s 59 provides for an address for service for a body corporate under that Act (see also Legislation Act, s 246, def business address )

              •     the

, s 461 provides non-exhaustively for the service of documents on a foreign cooperative by post

              •     the

, s 79 provides non-exhaustively for the service of documents on an owners corporation under that Act.

Note 6     Service on governments

The

(Cwlth), s 63 provides for service of process on the Commonwealth or a State. The

, s 33 and s 34 provide for service on the Territory and its Ministers.

    (2)     For any provision of these rules requiring personal service of a document, service of the document on a corporation in a way mentioned in subrule (1) is taken to be personal service of the document on the corporation.