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CHILDRENS COURT RULES 2016 - REG 27
Method of service
27 Method of service
(1) This rule applies to a requirement to serve a document on a person, unless
the document must be personally served on the person. Note— Personal
service is required under the Child Protection Act , sections 41 , 56 and 227
.
(2) If a person is represented by a lawyer in a proceeding for which the
document is being served, the document must be served on the person— (a) by
giving it personally to the person’s lawyer; or
(b) by sending it by post
to the address of the lawyer’s place of business; or
(c) if the lawyer for
the person has— (i) a fax number—by faxing it to the person at that
number; or
(ii) an email address—by emailing it to the person at that
address; or
(d) by leaving it with someone who— (i) is at the address of
the lawyer’s place of business; and
(ii) is apparently an adult and
apparently employed there; or
(e) if the court approves another electronic
method to send a document and the person’s lawyer has an address for service
using that method—by transmitting it electronically to the lawyer at that
address; or
(f) in another way ordered by the court.
(3) If a person is not
represented by a lawyer in a proceeding for which the document is being
served, a document must be served on a person in 1 of the following ways—
(a) by personally serving the document on the person under rule 28 ;
(b) by
sending it by post to the person’s relevant address;
(c) if the person
provides— (i) a fax number—by faxing it to the person at that number; or
(ii) an email address—by emailing it to the person at that address;
(d) by
leaving it with someone who— (i) is at the person’s relevant address; and
(ii) is apparently an adult and apparently residing or employed there;
(e) if
the court approves another electronic method to send a document and the person
has an address for service using that method—by transmitting it
electronically to the person at that address;
(f) in another way ordered by
the court.
(4) However, if a person serves a document on another person under
subrule (2) (d) , the person must also give the document personally to the
other person at the next reasonable opportunity. Example of a reasonable
opportunity— at the next appearance in the proceeding
(5) In this
rule—
"relevant address" , for serving a document on a person, means— (a) the
address for the person stated in the person’s notice of address for service;
or
(b) if the person does not have an address for service or no longer
resides at that address—the person’s last known residential address.
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