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LOCAL COURT RULES 2009 - REG 5.12
Proof of service
5.12 Proof of service
(1) A person who serves a document issued in proceedings must complete a
statement as to service of the document served.
(2) The statement must
include the following matters-- (a) the date service was effected,
(b) the
method of service,
(c) the name, address and occupation of the person serving
the document,
(d) if the document was served personally, the person to whom
it was delivered,
(e) if the document was served by post-- (i) the
information (and the source of such information) the person relied on in
obtaining the address to which it was posted, and
(ii) the time and place of
posting,
(f) if the document was served by facsimile-- (i) the information
(and the source of such information) the person relied on in obtaining the
facsimile number to which it was sent, and
(ii) the date on which advice
confirming successful transmission of the document was received,
(g) if the
document was served by electronic communication (other than facsimile)-- (i)
the information (and the source of such information) the person relied on in
obtaining the email address to which it was sent, and
(ii) the date on which
the email was sent.
(3) A copy of the document served must be attached to the
statement or the statement must clearly identify that document.
(4) The
statement must be signed by the person serving the document and a witness to
the signature.
(5) In the case of a document served by a police officer or a
public officer, the statement is not required to be signed.
(6) If service is
effected by facsimile, the party relying on service must produce to the Court,
if requested to do so by the Court, a copy of the advice confirming successful
transmission of the document.
(7) If service is effected by electronic
communication (other than facsimile), the party relying on service must
produce to the Court, if requested to do so by the Court, evidence of the date
that the document was dispatched.
(8) If service is effected by post by a
person other than a registrar, the party relying on service is, in the absence
of evidence to the contrary, taken to have effected service if the person
produces evidence of any of the following-- (a) an acknowledgement of receipt
of the document by the person to whom it was directed,
(b) that the address
appearing on the document is the address provided by the person served for
service of documents in the proceedings,
(c) that the address appearing on
the document is the address of the person served on a current driver licence
within the meaning of the Road Transport (Driver Licensing) Act 1998 , or
within the meaning of any corresponding law of another State or a Territory of
the Commonwealth,
(d) that the address appearing on the document is the
address of the person served as shown on records kept by the Roads and Traffic
Authority under the Road Transport (Vehicle Registration) Act 1997 in respect
of the current registration of motor vehicles or trailers, or as shown under
records kept by an authority under a corresponding law of another State or a
Territory of the Commonwealth.
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