New South Wales Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 10.9

10.9 Service of process on defendant operating under unregistered business name

(cf SCR Part 64, rule 3; DCR Part 46, rule 2; LCR Part 35, rule 2)

(1) This rule applies to any proceedings against a person in respect of anything done or omitted to be done by the person in the course of, or in relation to, a business carried on under an unregistered business name.

(2) For the purposes of any such proceedings, any document may be served on the defendant, whether sued in his or her own name or under the unregistered business name--

(a) by leaving it with a person who is apparently engaged in the business, and apparently of or above the age of 16 years, at any place at which business is carried on under that name, or

(b) by sending it by post, addressed to the defendant, to any place at which business is carried on under that name,

whether or not the place concerned is within New South Wales.

(3) For the purposes of any such proceedings--

(a) service of a document in accordance with subrule (2) is taken to constitute personal service, and

(b) the place at which the document is left, or to which the document is sent by post, is taken to be the place of service of the document, and

(c) in the case of a document sent by post, the document is taken to have been served at the end of 7 days after the day on which it was sent.

(4) This rule does not limit any other law with respect to the service of documents.