Victorian Current Acts Victorian Current Acts(1) Service of a document may be proved by—
S. 399(1)(a) amended by No. 6/2018 s. 68(Sch. 2 item 38.6(a)).
(a) oral sworn or affirmed evidence; or
(b) affidavit; or
S. 399(1)(c) amended by No. 6/2018 s. 68(Sch. 2 item 38.6(b)).
(c) statutory declaration.
(2) Evidence of service must identify the document served and state the time and manner in which service was effected.
S. 399(3) amended by No. 6/2018 s. 68(Sch. 2 item 38.6(b)).
(3) A document purporting to be an affidavit or statutory declaration under subsection (1)(b) or (1)(c) is admissible in evidence and, in the absence of evidence to the contrary, is proof of the statements in it.
S. 399(4) amended by No. 6/2018 s. 68(Sch. 2 item 38.6(b)).
(4) An affidavit or statutory declaration under subsection (1)(b) or (1)(c) must be filed in court—
(a) in the case of service of a summons to answer to a charge for an indictable offence where a date for a filing hearing has been fixed, at least 2 days before the filing hearing;
(b) in the case of service of any other summons to answer to a charge, at least 7 days before the return date;
(c) in the case of service of any
other document, a reasonable time before the hearing to which it applies.
Ch. 8 Pt 8.3 renumbered as Ch. 8 Pt 8.4 by No. 68/2009 s. 52(l).
Part 8.4—Costs
Division 1—Preliminary
S. 348 renumbered as s. 400 by No. 68/2009 s. 52(m).