Commonwealth Numbered Regulations

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FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (FAMILY LAW) RULES 2021 (F2021L01197) - RULE 2.46

Evidence of service

             (1)  Subject to the court being satisfied that the identity of the person served is established, an acknowledgment of service of an Application for Divorce that is signed by the person served is evidence of service in accordance with the acknowledgment.

             (2)  If the server of an Application for Divorce can identify the person served, service may be proved by evidence to that effect by the server.

             (3)  If the server of an Application for Divorce can identify a photograph of the person served, and another person who knows the person served identifies the photograph as a photograph of the person served, service may be proved by evidence to that effect by the server and the other person.

             (4)  If a person other than the server of an Application for Divorce saw the Application for Divorce handed to, or put down in the presence of, the person served and can identify the person served, service may be proved by evidence to that effect given by that other person.



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