Australian Capital Territory Numbered Regulations

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SUPREME COURT RULES AMENDMENT (1999 NO 26) - REG 6

Insertion

    Order 2 is amended by inserting after rule 18 the following rules:

“18A     Personal service of originating applications generally required

    An originating application must be served personally, unless otherwise expressly provided by these rules or any other law of the Territory.

“18B     Service of application to recover unoccupied land

    Service of an originating application in an action to recover unoccupied land may be made by attaching a copy of the application to a door of a house, or to something else at another conspicuous place, on the land.

“18C     Defendant taken to be served by entering appearance

“(1)     This rule applies to a defendant in a proceeding if the defendant has not been served with the originating application, but enters an appearance to the action.

“(2)     The defendant is taken to have been served with the originating application on the day the defendant enters the appearance.

“18D     Service on partners sued in firm name

“(1)     If persons are sued as partners in the name of their firm, the originating application must be served—

        (a)     on at least 1 of the partners; or

        (b)     at the partnership's principal place of the business in the Territory on someone having the control or management of the partnership's business.

“(2)     Service under subrule (1) is taken to be service on the firm, even if some of its members are outside the Territory.

“(3)     However, if the plaintiff knows that the partnership has been dissolved before the commencement of the action, the originating application must be served on everyone in the Territory sought to be made liable.

“(4)     A person served with an originating application under this rule must be told by written notice, given at the time of service, of the capacity in which the person is served.

“(5)     If the notice is not given to the person served, the person is taken to be served as a partner.”.



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