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PROPERTY LAW ACT 1974 - SECT 347
Service of notices
347 Service of notices
(1) A notice required or authorised by this Act to be served on any person or
any notice served on any person under any instrument or agreement that relates
to property may be served on that person— (a) by delivering the notice to
the person personally; or
(b) by leaving it for the person at the person’s
usual or last known place of abode, or, if the person is in business as a
principal, at the person’s usual or last known place of business; or
(c) by
posting it to the person by registered mail as a letter addressed to the
person at the person’s usual or last known place of abode, or, if the person
is in business as a principal, at the person’s usual or last known place of
business; or
(d) in the case of a corporation by leaving it or by posting it
as a letter addressed in either case to the corporation at its registered
office or principal place of business in the State.
(1A) A notice so posted
shall be deemed to have been served, unless the contrary is shown, at the time
when by the ordinary course of post the notice would be delivered.
(2) If the
person is absent from the State, the notice may be delivered as provided in
subsection (1) to the person’s agent in the State.
(2A) If the person is
deceased, the notice may be so delivered to the person’s personal
representative.
(3) If the person is not known, or is absent from the State
and has no known agent in the State or is deceased and has no personal
representative, the notice shall be delivered in such manner as may be
directed by an order of the court.
(4) Despite anything in subsections (1) to
(3) , the court may in any case make an order directing the manner in which
any notice is to be delivered, or dispensing with the delivery of any notice.
(5) This section does not apply to notices served in proceedings in the court,
nor where the person serving the notice prevents its receipt by the person on
whom the notice is intended to be served.
(6) This section applies unless a
contrary method of service of a notice is provided in the instrument or
agreement or by this Act.
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