Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

SERVICE AND EXECUTION OF PROCESS ACT 1992 - SECT 25

Time for service

  (1)   If the person served is required or permitted to do an act specified or referred to in the process not later than a particular day, service is only effective if the period between service and that day is not less than:

  (a)   21 days; or

  (b)   such shorter period as a court or authority, on application, allows.

  (2)   The matters that the court or authority is to take into account in determining an application to allow a shorter period include:

  (a)   urgency; and

  (b)   the place of residence or business of the person to be served; and

  (c)   whether a related or similar proceeding has been commenced against the person or another person.

  (3)   In this section:

"court or authority" means the court in which, or the authority before whom, the proceeding in relation to which an initiating process has been issued will or might be heard.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback