Commonwealth Numbered Regulations

1979 No. 140 FEDERAL COURT RULES - RULE 42.4

4. (1) Subject to sub-rule (3), where persons are sued as partners in the
partnership name pursuant to rule 2, the originating process shall be served
personally-

   (a)  upon any one or more of the partners; or

   (b)  by leaving a copy of the process at the place where the business is
        carried on with some person apparently engaged (as an employee or
        otherwise) in the business and apparently of or above the age of 16
        years.

(2) Subject to sub-rule 9 (2) of this Order, where service is effected
pursuant to sub-rule (1), it shall be deemed to be served upon all the
partners of the partnership, including any partner outside the jurisdiction at
the time of the issue of the originating process.

(3) Where the applicant is aware that the partnership has been dissolved prior
to the commencement of the proceedings, he shall, in addition to effecting
service under sub-rule (1), effect service on any partner sought to be made
liable who has ceased to be a partner of the partnership at the time of the
commencement of the proceedings.