Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 10.09

Service on person under a legal incapacity

  (1)   If a person under a legal incapacity has a litigation representative, a document that must be served personally on the person must be served on the litigation representative.

  (2)   If the person is under a legal incapacity only because of minority and does not have a litigation representative, the document must be served:

  (a)   if the minor is at least 16 and is not a mentally disabled person:

  (i)   on the minor; and

  (ii)   on the minor's parent or guardian; or

  (b)   if the minor has no parent or guardian:

  (i)   on a person with whom the minor lives; or

  (ii)   on a person who is responsible for the care of the minor.

  (3)   If the person under a legal incapacity is a mentally disabled person and does not have a litigation representative, the document must be served:

  (a)   on the mentally disabled person's guardian; or

  (b)   if the mentally disabled person has no guardian:

  (i)   on a person with whom the mentally disabled person lives; or

  (ii)   on a person who is responsible for the care of the mentally disabled person.

  (4)   If the person under a legal incapacity cannot be served in any of the ways mentioned in subrule (2) or (3), a party may apply to the Court for an order that the document be served in some other way or on some other person.

  (5)   The application may be made before or after the document has been given to some other person.


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