Australian Capital Territory Numbered Regulations

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SUPREME COURT RULES (AMENDMENT) (NO. 33 OF 1997) - REG 3

3. After rule 8 of Order 10 of the Principal Rules the following rule is inserted in that Order:

Non-personal service

“9. (1) If personal service of a document in an action is not required, the document may be served—

        (a)     by leaving a copy at the proper address of the person to be served;

        (b)     by sending a copy by pre-paid post addressed to the person to be served at his or her proper address;

        (c)     if the address for service of the person to be served includes a reference to the number of an Australian Document Exchange Pty Ltd exchange box—by leaving a copy of the document addressed to that person in that exchange box or at a collection point of that company for transmission to that exchange box; or

        (d)     if the address for service of the person to be served includes a reference to a facsimile machine number—by facsimile transmission directed to that number.

“(2) Service of a document in an action shall be deemed to have been effected—

        (a)     if a copy was sent by pre-paid post in accordance with paragraph (1) (b)—3 days after it was posted;

        (b)     if a copy was left in an exchange box or at a collection point in accordance with paragraph (1) (c)—2 days after it was left; or

        (c)     if it was transmitted in accordance with paragraph (1) (d)—1 day after it was transmitted;

unless the contrary is proved.

“(3) In subrule (1)—

‘proper address', in relation to a person to be served with a document, means—

        (a)     if the person has an address for service—that address; or

        (b)     if the person does not have an address for service—the address of the person's last known place of residence or business.”.

Defendant's address for service



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