(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:

(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; and

(e)

the nature of the case.

(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 a Form 2 and an affidavit (see rules 5.01 and 5.02).