Commonwealth Numbered Regulations

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1979 No. 140 FEDERAL COURT RULES - RULE 43.13

Service
13. (1) This rule applies where, in any proceeding, a document is required to
be served personally on a person under disability.

(2) Personal service on a person under disability shall not be effected
otherwise than in accordance with this rule.

(3) Where the person under disability has a tutor in the proceeding, the
document may be served on the tutor.

(4) The document may be served on any person (including the person under
disability) whom the Court may, before or after service, approve.

(5) Where the person to be served is an infant or minor and has no tutor in
the proceeding, the document may be served-

   (a)  if he is aged 16 years or upwards, on him;

   (b)  on a parent of his or a guardian of his person or of his estate; or

   (c)  if he has no parent and has no guardian of his person or of his
        estate, on a person with whom he resides or in whose care he is.

(6) Where the person to be served is a mentally disabled person and has no
tutor in the proceeding, the document may be served-

   (a)  if a committee is appointed of his person or estate, or he has a
        guardian, on the committee or guardian; or

   (b)  if there is no committee or guardian, on a person with whom he resides
        or in whose care he is.

(7) A document served pursuant to any of sub-rules (3) to (6) must be served
in the manner required by the Rules with respect to the document.

(8) A judgment or order requiring a person under disability to do, or refrain
from doing any act, a notice of motion for the committal of a person
under disability, and a subpoena against a person under disability, must, in
addition to any other service required by these Rules, and notwithstanding
anything in sub-rules (3) to (6), be served personally on the person under
disability.

(9) Sub-rule (8) does not apply to an order for interrogatories or for
discovery or inspection of documents.



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