Victorian Consolidated Regulations

SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 - REG 6.10

    (1)     Where for any reason it is impracticable to serve a document in the manner required by these Rules, the Court may order that, instead of service, such steps be taken as the Court specifies for the purpose of bringing the document to the notice of the person to be served.

Rule 6.10(1.1) inserted by S.R. No. 132/2022 rule 6.

    (1.1)     Unless the Court otherwise orders, where an order under paragraph (1) specifies that a step to be taken includes service by email, the order shall require that the email contain within the body of the email, in the same size font as the rest of that part of the email, the following—

        (a)     a statement that the email has been sent pursuant to an order of the Supreme Court of Victoria;

        (b)     the address of the Court's website (www.supremecourt.vic.gov.au), together with a statement that the website may be found by using a search engine without the need to use this address directly;

        (c)     where applicable, the name of the judicial officer in charge of the conduct of the proceeding, together with the contact details of that judicial officer's associate;

        (d)     a statement that the judicial officer's associate may be contacted, and that their contact details are available on the Supreme Court website, to verify the existence of the proceeding and the fact that the court order for substituted service has been made;

        (e)     where applicable—

              (i)     the name, address and telephone number of the solicitor's firm of the originating party;

              (ii)     the name and email address of an individual in the firm of solicitors to whom reference can be made in respect of the proceeding;

        (f)     any other matter that the Court considers should be included in the email.

Rule 6.10(1.2) inserted by S.R. No. 132/2022 rule 6.

    (1.2)     Paragraph (1.1) applies in addition to the requirements for service by email under Rule 6.07(2.2) to (2.4).

    (2)     Where the Court makes an order under paragraph (1), the Court may order that the document be taken to have been served—

        (a)     on the happening of any specified event; or

        (b)     on the expiry of any specified time.

    (3)     The Court may make an order under paragraph (1) notwithstanding that the person to be served—

        (a)     is out of Victoria; or

        (b)     was out of Victoria when the proceeding commenced.