Commonwealth Consolidated Regulations

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Service with conditions or dispensing with service

             (1)  A party who is unable to serve a document may apply, without notice, for an order:

                     (a)  to serve the document in another way; or

                     (b)  to dispense with service of the document, with or without conditions.

             (2)  The factors the court may have regard to when considering an application under subrule (1) include:

                     (a)  the proposed method of bringing the document to the attention of the person to be served;

                     (b)  whether all reasonable steps have been taken to serve the document or bring it to the notice of the person to be served;

                     (c)  whether the person to be served could reasonably become aware of the existence and nature of the document by advertisement or another form of communication that is reasonably available;

                     (d)  the likely cost of service; and

                     (e)  the nature of the case.

             (3)  If the court orders that service of a document is:

                     (a)  dispensed with unconditionally; or

                     (b)  dispensed with on a condition that is complied with;

the document is taken to have been served.

Note:          An application under this rule is made by filing an Application in a Case and an affidavit (see rules 5.01 and 5.02).


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