New South Wales Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 10.15

10.15 Substituted and informal service of originating process in proceedings for possession of land

(cf SCR Part 9, rule 5)

(1) Without limiting rule 10.14, this rule applies to any originating process that is required to be served on a defendant in connection with proceedings for the possession of land.

(2) On application under rule 10.14, the court may order that the plaintiff may serve the originating process on the defendant by affixing a copy of the originating process to a conspicuous part of the land--

(a) in addition to any other steps ordered to be taken for the purpose of bringing the originating process to the notice of the person concerned, or

(b) if the originating process cannot be served on the defendant without undue delay or expense.

(3) An order under subrule (2) may direct that the originating process be taken to have been served on the defendant on the expiry of a specified time.

(4) If a copy of the originating process has been affixed to a conspicuous part of the land otherwise than under an order under subrule (2), the court may order that the originating process be taken to have been served on the defendant on a date specified in the order.

(5) If an originating process is served pursuant to an order under subrule (2) and the plaintiff applies for default judgment under rule 16.3, the application for default judgment must be limited to the possession of land (and not include any other relief such as damages) unless--

(a) the originating process is taken to have been served because of a direction under rule 10.14(3), or

(b) the originating process was served directly on the defendant while attempting to serve it in accordance with an order made under subrule (2) and the plaintiff's application for default judgment is supported by an affidavit specifying when, where and how service was effected.

(6) Service in accordance with this rule is taken to constitute personal service.