Commonwealth Numbered Regulations Commonwealth Numbered Regulations(1) A party who is unable to serve a document may apply, without notice, for an order:
(a) to serve the document in another way; or
(b) to dispense with service of the document, with or without conditions.
(2) The factors the court may have regard to when considering an application under subrule (1) include the following:
(a) the proposed method of bringing the document to the attention of the person to be served;
(b) whether all reasonable steps have been taken to serve the document or bring it to the notice of the person to be served;
(c) whether the person to be served could reasonably become aware of the existence and nature of the document by advertisement or another form of communication that is reasonably available;
(d) the likely cost of service;
(e) the nature of the proceeding.
(3) If the court orders that service of a document is:
(a) dispensed with unconditionally; or
(b) dispensed with on a condition that is complied with;
the document is taken to have been served.
Note: An application under this rule is made by filing an Application in a Proceeding and an affidavit (see rules 5.02 and 5.04).