Victorian Current Acts

CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 593

    (1)     If by or under this Act a person is required to serve a document and no provision is made, other than in this section, as to how the document is to be served, the document must be served on the person to be served—

S. 593(1)(a) amended by No. 11/2021 s. 42(1)(a).

        (a)     by delivering a copy of the document to that person personally; or

S. 593(1)(b) amended by No. 11/2021 s. 42(1)(a).

        (b)     by sending by registered post a copy of the document addressed to that person at that person's last known place of residence or business; or

S. 593(1)(c) amended by No. 11/2021 s. 42(1)(b).

        (c)     by leaving a copy of the document for that person at that person's last or most usual place of residence or of business with a person who apparently resides or works there and who apparently is not less than 16 years of age; or

S. 593(1)(d) inserted by No. 11/2021 s. 42(1)(c).

        (d)     by delivering a copy of the document to the person by means of an electronic communication that is confirmed as having been received by the person; or

S. 593(1)(e) inserted by No. 11/2021 s. 42(1)(c).

        (e)     by sending by registered post a copy of the document, addressed to the person's authorised legal representative, to the place of business of the person's authorised legal representative; or

S. 593(1)(f) inserted by No. 11/2021 s. 42(1)(c).

        (f)     by leaving a copy of the document for that person—

              (i)     at the place of business of the person's authorised legal representative; and

              (ii)     with a person who apparently works there and who apparently is not less than 16 years of age; or

S. 593(1)(g) inserted by No. 11/2021 s. 42(1)(c).

        (g)     by delivering a copy of the document, addressed to the person's authorised legal representative, to the person's authorised legal representative personally; or

S. 593(1)(h) inserted by No. 11/2021 s. 42(1)(c).

        (h)     by delivering a copy of the document to the person's authorised legal representative by means of an electronic communication that is confirmed as having been received by the person's authorised legal representative.

S. 593(1A) inserted by No. 11/2021 s. 42(2).

    (1A)     For the purposes of subsection (1), a person may deliver a copy of a document to another person personally by placing a copy of the document on a surface in the presence of the other person.

S. 593(2) amended by No. 6/2018 s. 68(Sch.  2 item 20.9).

    (2)     If it appears to the Court, by evidence on oath or by affirmation or by affidavit, that service cannot be promptly effected, the Court may make an order for substituted service.

    (3)     If the person to be served is a company or registered body (within the meaning of the Corporations Act), the document may be served on that person in accordance with section 109X or 601CX of that Act, as the case requires.

S. 593(4) inserted by No. 11/2021 s. 42(3).

    (4)     Subsections (1)(d), (e), (f), (g) and (h) and (1A) apply to any other provision under this Act that requires service to be by registered post or personally or otherwise.

S. 593(5) inserted by No. 11/2021 s. 42(3).

    (5)     In this section—

"authorised legal representative" of a person means a legal representative of the person who has been instructed by the person to receive documents on the person's behalf.

S. 594 amended by No. 11/2021 s. 43(2) (ILA s. 39B(1)).