Commonwealth Numbered Regulations

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1984 No. 425 FAMILY LAW RULES - ORDER 18 RULE 10

Dispensing with service whether or not on conditions
10. (1) The court may, upon application made ex parte, order that the service
of a pleading or other document be dispensed with either unconditionally or
upon such conditions as the court may specify.

(2) In exercising its powers under sub-rule (1), the court shall have regard
to-

   (a)  whether the applicant has taken reasonable steps to discover the
        whereabouts of the respondent and serve the document;

   (b)  the means of the applicant, the likely cost to the applicant of
        effecting service and the nature of the document;

   (c)  whether by advertising or some other method, the existence and nature
        of the document may come to the knowledge of the respondent; and

   (d)  any other relevant matter.

(3) Where an order is made under sub-rule (1) that the service of a pleading
or other document be dispensed with, then-

   (a)  if the order is unconditional; or

   (b)  if the order is made subject to conditions and those conditions are
        complied with, the pleading or document shall be deemed to have been
        duly served.



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