Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered RegulationsOrders 10 and 11 are repealed and the following Order is substituted:
SERVICE OF DOCUMENTS IN AUSTRALIA
“1 Application
This Order applies to the service in Australia of a document.
“2 Documents not generally required to be served personally
Personal service of a document is necessary only if it is expressly required by these rules or any other law of the Territory.
“3 Acceptance of service by solicitor
“(1) A solicitor may accept service of any document for a person (including a document required to be served personally on the person).
“(2) The solicitor must—
(a) make a note on a copy of the document to the effect that the solicitor accepts service on behalf of the person; and
(b) give the copy to the person serving the document.
“(3) The person is taken to have been served with the document on the day that the solicitor accepts service of the document.
“4 Non-personal service of documents
“(1) If personal service of a document on a person in a proceeding is not necessary, the document may be served on the person—
(a) by leaving a copy at the person's address for service; or
(b) by sending a copy by prepaid post addressed to the person at the person's address for service; or
(c) if the person's address for service includes a reference to a postbox at a post office in the Territory—by sending a copy by prepaid post addressed to the person at the postbox; or
(d) if the person's address for service includes a reference to an Australian Document Exchange Pty Ltd exchange box—by leaving a copy of the document addressed to the person in the exchange box or at a collection point of that company for transmission to the exchange box; or
(e) if the person's address for service includes a reference to a fax number—by sending it by fax to the number; or
(f) if the document to be served is from the registrar's office, the person has a solicitor, and the solicitor has a collection box in the office—by leaving a copy of the document in the solicitor's collection box.
“(2) Service is taken to have been made—
(a) if the document is sent by prepaid post in accordance with paragraph (1) (b) or (c)—2 days after the copy is posted, unless the contrary is proved; or
(b) if the document is left or sent in accordance with paragraph (1) (a), (e) or (f)—
(i) if the document is left or sent before 4 pm on a day—on that day; or
(ii) if the document is left or sent at or after 4 pm on a day—on the next day; or
(c) if the document is left in accordance with paragraph (1) (d)—the next day.
“5 Service on defendant by filing if no appearance or address
“(1) If an appearance has not been entered by a defendant, or an address for service has not been given by a defendant, a document for which personal service is not necessary may be served on the defendant by—
(a) filing it; and
(b) sending a copy by prepaid post addressed to the defendant at his or her last-known address.
“(2) A document filed under this rule must have endorsed on its first page a statement that it is filed under this rule.
“6 Service if no-one found at plaintiff's address for service
“(1) This rule applies to a plaintiff in a proceeding if the plaintiff acts in person, and no-one can be found at the plaintiff's address for service.
“(2) Any document in the proceeding (including a document for which personal service is otherwise necessary) may be served on the plaintiff by leaving a copy at the plaintiff's address for service.
“7 Service on defendants who are children
“(1) This rule applies to a defendant in a proceeding who is a child.
“(2) Unless the court otherwise orders, any document in the proceeding (including a document for which personal service is necessary) may be served on the defendant by serving it on—
(a) a parent or guardian of the defendant; or
(b) if the defendant does not have a parent or guardian—
(i) a person who is responsible for the defendant's care; or
(ii) a person with whom the defendant lives.
“(3) A document may be served on a child only if the court so orders, whether before or after the service of the document on the child.
“8 Service on other defendants who are under a disability
“(1) This rule applies to a defendant who is an adult and is under a disability.
“(2) Unless the court otherwise orders, any document in the action (including a document for which personal service is necessary) may be served on the defendant by serving it on—
(a) a person who is responsible for the defendant's care; or
(b) a person with whom the defendant lives.
“(3) A document may be served on the defendant only if the court so orders, whether before or after the service of the document on the person.
“9 Service of documents on both spouses
If both spouses in a relationship are defendants in a proceeding, both spouses must be served with any document to be served on them in the proceeding, unless the court otherwise orders.
“10 Service on a corporation—Companies Ordinance 1962 or Companies Act 1981
“(1) This rule applies to the service of a document for proceedings about a corporation—
(a) incorporated under the Companies Ordinance 1962; or
(b) within the meaning of the Companies Act 1981 of the Commonwealth.
“(2) Service of a document may be made on the corporation, or the official manager or liquidator of the corporation, in any way in which service of a document is permitted to be made on the corporation, official manager or liquidator under the applicable law mentioned in subrule (1).
“(3) A document may also be served as follows:
(a) if, in relation to the corporation, a notice has been lodged for subsection 202B (1) of the ordinance or subsection 340 (1) of the Act—by serving the document personally on the official manager named in the last notice so lodged;
(b) if, in relation to the corporation, a notice has been lodged for subsection 280 (1) of the ordinance or subsection 421 (1) of the Act—by serving the document personally on the liquidator named in the last notice so lodged;
(c) if, in relation to the corporation, no notice has been lodged for subsection 202B (1) or 280 (1) of the ordinance, or subsection 340 (1) or 421 (1) of the Act, in relation to the corporation—by serving the document personally on a director, manager or secretary of the corporation.
“(4) In this rule, a reference to a "corporation" includes, so far as applicable, a reference to a body to which Division 6 of Part XII of the Companies Act 1981 of the Commonwealth applies.
“11 Service on a corporation—Corporations Law
“(1) Service of a document may be made on a company, or the liquidator or administrator of a company, in any way in which service of a document is permitted to be made on the company, liquidator or administrator under section 109X of the Corporations Law.
“(2) A document may also be served on a company by—
(a) leaving a copy of the document with someone apparently an officer or employee of the company and apparently at least 16 years old—
(i) at the company's registered office; or
(ii) if there is no registered office—at the company's principal place of business or principal office; or
(b) serving the document personally on—
(i) a member of the company charged with the management of the corporation's affairs; or
(ii) a manager, secretary or similar officer of the company; or
(iii) if a company is constituted by 1 person—that person.
“12 Substituted service
“(1) If, for any reason, it is impracticable to serve a document in a way required or permitted by these rules, the court may make an order substituting another way of serving the document.
“(2) The court must, if practicable, state in the order a way of serving the document the court considers reasonably likely to bring the document to the attention of the person to be served.
“(3) The court may, in the order, state that the document is to be taken to have been served on the happening of a stated event or at the end of a stated time.
“(4) The court may make an order under this rule even though the person to be served is not in the Territory or was not in the Territory when the proceeding started.
“(5) An application for an order under this rule must be supported by an affidavit setting out the grounds of the application.
“13 Affidavit of service
An affidavit of service must state when, where, how and by whom service was made.
“14 Inconvenient address for service
The registrar may refuse to file a document if the address for service stated in the document is manifestly inconvenient for a party or the court.
“15 Change of address for service
If a person has given the court an address for service in a proceeding and the person's address for service changes in any respect before the proceeding is finally disposed of, the person—
(a) must file a notice stating the new address; and
(b) must, on the day the notice is filed, serve on the plaintiff and every other party who has entered an appearance a copy of the notice endorsed with a statement that the notice has been filed.”.