Victorian Consolidated Regulations Victorian Consolidated Regulations(1) Where personal service of a document is not required, the document may be served—
(a) by leaving the document at the proper address of the person to be served on any day on which the Registrar's office is open;
(b) by posting the document to the person to be served at the person's proper address;
(c) where provision is made by or under any Act for service of a document on a corporation, by serving the document in accordance with that provision;
Rule 6.07(1)(d) revoked by S.R. No. 120/2023 rule 4(1).
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(e) where the solicitor for a party has facilities for the reception by telephone transmission of a facsimile of a document, by telephone transmission of the document in accordance with paragraph (2.1); or
(f) by emailing the document to the person's email address in accordance with paragraph (2.2).
Note
The Electronic Transactions (Victoria) Act 2000 applies to enable a document to be served electronically, including by facsimile transmission and email, in accordance with that Act.
(2) For the purpose of paragraph (1), the proper address of a person shall be the address for service of that person in the proceeding, but if at the time service is to be effected that person has no address for service, the proper address shall be—
(a) in the case of an individual, the individual's usual or last known place of residence or of business;
(b) in the case of individuals suing or being sued in the name of a firm, the principal or last known place of business of the firm;
(c) in the case of a corporation, the registered or principal office of the corporation.
(2.1) A document that is served by telephone transmission shall include a cover page stating—
(a) the name, address and telephone number of the sender;
(b) the name of the solicitor to be served;
(c) the date and time of transmission;
(d) the total number of pages transmitted, including the cover page;
(e) the telephone number from which the document is transmitted;
(f) the name and telephone number of a person to contact in the event of any problem in transmission of the document;
(g) that the transmission is by way of service under paragraph (1)(e).
Rule 6.07(2.2) amended by S.R. No. 73/2023 rule 5(1).
(2.2) For the purposes of paragraph (1)(f), but subject to paragraphs (2.3) and (2.4), a document may be served either by attaching it to an email sent to the person's email address for service or by providing, in an email sent to the person's email address for service, an operative hyperlink (which must not expire before 120 days after the email is sent) to the document, and in either case the email shall state—
(a) the name, address, telephone number and email address of the sender;
(b) the name of the person to be served;
(c) the title and court file number of the proceeding to which the email relates;
(d) the name and number of pages of each document served by means of the email; and
(e) that the email is by way of service under paragraph (1)(f).
(2.3) The file name of the document being served shall be substantially similar to the name of the document as stated in the email pursuant to paragraph (2.2)(d).
Rule 6.07(2.4) substituted by S.R. No. 73/2023 rule 5(2).
(2.4) A document (including any affidavit) that is more than 10 megabytes may be sent—
(a) by multiple emails, none of which has more than 10 megabytes of attachments; or
(b) by operative hyperlink which must not expire before 120 days after the email is sent.
(3) Where no person can be found at the address for service of a plaintiff who sues or a defendant who has appeared in person, any document in the proceeding may be served on that plaintiff or defendant by leaving one copy at such address and by filing another copy.
(3.1) A party who serves a document by filing in accordance with paragraph (3) shall indorse upon a backsheet or on the back of the last sheet a statement that the document is filed as such service.
(4) Service in accordance with paragraph (1)(a) or (1)(e) which is effected after 4.00 p.m. shall for the purpose of calculating any period of time after that service be taken to have been effected on the next day the Registrar's office is open.
Rule 6.07(5) substituted by S.R. No. 120/2023 rule 4(2).
(5) The day of service of a document sent by post in accordance with paragraph (1)(b) shall be taken to be the day it would be delivered in the normal course of post or on such other day as may be proved.
Rule 6.07(6) revoked by S.R. No. 120/2023 rule 4(3).
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