Victorian Consolidated Regulations

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MAGISTRATES' COURT GENERAL CIVIL PROCEDURE RULES 2020 - REG 66.10

Service of orders to be enforced

    (1)     If an order under section 135 of the Act is made against a person—

        (a)     a copy of the order must be served on the person by—

              (i)     leaving a copy of the document with the person to be served; or

              (ii)     if the person to be served does not accept the copy, by putting down a copy in the person's presence and telling the person the nature of the document; and

        (b)     if the order requires the person to do any act within a fixed time, the copy of the order must be served a reasonable time before the expiry of the time fixed for the doing of the act.

    (2)     If an order under section 135 of the Act is made against a corporation—

        (a)     a copy of the order must be served personally on any officer of the corporation; and

        (b)     if the order requires the corporation to do an act within a fixed time, the copy of the order must be served on the officer of the corporation a reasonable time before the expiry of the time fixed for the doing of the act.

    (3)     A copy of an order that is served under this Rule must be indorsed, with a notice, naming the person who is to be served with the order and stating that the person so named is liable to a fine or a term of imprisonment under section 135 of the Act if the person does not comply with the order.

    (4)     If an order under section 135 of the Act is made against a person that requires the person to do an act and an order is made under Rule 59.03 fixing a time within which the act is to be done, a copy of—

        (a)     the order requiring the act to be done, indorsed with a notice under paragraph (3); and

        (b)     the order fixing the time within which the act is to be done—

must be served on the person within a reasonable time before the expiry of the time fixed for the doing of the act.

    (5)     Paragraphs (1) to (4) of this Rule do not apply to an order under section 135 of the Act if the person against whom the order has been made has notice of the order

        (a)     by being present when the order is made; or

        (b)     by being notified of the terms of the order, whether by telephone or otherwise.

    (6)     The Court may dispense with service under this Rule.



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