Victorian Numbered Regulations

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SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 (SR NO 103 OF 2015) - REG 17.03

Service of originating process

    (1)     Originating process in a proceeding commenced against partners in the firm name under Rule 17.01 may be served on—

        (a)     any one or more of the partners; or

        (b)     any person at the principal place of business of the partnership within Victoria who appears to have control or management of the partnership business there.

    (2)     Originating process served under paragraph (1) shall be taken to have been duly served on the partners whether or not any partner is out of Victoria.

    (3)     Where a partnership has to the knowledge of the plaintiff been dissolved before the proceeding against the partners has commenced, the originating process shall be served on every person sought to be made liable in the proceeding.

    (4)     Every person upon whom originating process is served under paragraph (1) shall be informed by notice in writing given at the time of service whether that person is served as a partner or as a person having the control or management of the partnership business or in both characters and, in default of such notice, the person served shall be taken to be served as a partner.



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