Commonwealth Numbered Regulations

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1984 No. 425 FAMILY LAW RULES - ORDER 18 RULE 11

Failure to comply with conditions
11. (1) Notwithstanding a failure to comply with a condition imposed under
sub-rule 10 (1), the court may order that a pleading or other document be
treated as having been duly served on such date as the court may specify and
the pleading, decree or other document shall thereupon be deemed to have been
so served.

(2) In making an order under sub-rule (1), the court may have regard to-

   (a)  the steps taken by the applicant to comply with these Rules and with
        the condition;

   (b)  evidence that the person to be served is aware of the existence of the
        document to be served and its nature; and

   (c)  all other relevant matters.



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