Western Australian Current Acts

PROPERTY LAW ACT 1969 - SECT 135

135 .         Mode of service

        (1A)         A notice required or authorised by this Act to be served on any person or any notice served on any person under any instrument or agreement that relates to property may be served on that person —

            (a)         by delivering the notice to him personally;

            (b)         by leaving it for him at his usual or last known place of abode, or if he is in business as a principal, at his usual or last known place of business;

            (c)         by posting it to him as a letter addressed to him at his usual or last known place of abode, or if he is in business as a principal, at his usual or last known place of business; or

            (d)         in the case of a corporation by leaving it or by posting it as a letter addressed in either case to the corporation at its registered office or principal place of business in the State.

        (1B)         A notice posted as provided in subsection (1A) shall be deemed to have been served, unless the contrary is shown, at the time when by the ordinary course of post the notice would be delivered.

        (2A)         If the person is absent from the State, the notice may be delivered as provided in subsection (1A) to his agent in the State.

        (2B)         If the person is deceased, the notice may be delivered as provided in subsection (1A) to his personal representative.

        (3)         If the person is not known, or is absent from the State and has no known agent in the State or is deceased and has no personal representative, the notice shall be delivered in such manner as may be directed by an order of the Court.

        (4)         Notwithstanding anything in the foregoing provisions of this section, the Court may in any case make an order directing the manner in which any notice is to be delivered, or dispensing with the delivery thereof.

        (5)         This section does not apply to notices served in proceedings in the Court, or to notices served pursuant to the provisions of the Transfer of Land Act 1893 .

        (6)         This section applies unless a contrary method of service of a notice is provided in the instrument or agreement.

        [Section 135 amended: No. 19 of 2010 s. 51.]