New South Wales Consolidated Regulations

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UNIFORM CIVIL PROCEDURE RULES 2005 - REG 10.12

Service of process on person under legal incapacity

10.12 Service of process on person under legal incapacity

(cf SCR Part 63, rule 15)

(1) This rule applies to any proceedings in which a document is required to be served personally on a person under legal incapacity.
(2) Personal service on a person under legal incapacity may not be effected otherwise than in accordance with this rule.
(3) If the person under legal incapacity has a tutor in the proceedings, the document may be served on the tutor.
(4) The document may be served on any person (including the person under legal incapacity) whom the court may, before or after service, approve.
(5) If the person to be served is a minor and has no tutor in the proceedings, the document may be served--
(a) on the person, but only if the person is aged 16 years or more, or
(b) on a parent or guardian of the person, or
(c) if the person has no parent or guardian, on a person with whom he or she resides or in whose care he or she is.
(6) If the person to be served is a protected person (within the meaning of the NSW Trustee and Guardian Act 2009 ) and has no tutor in the proceedings, the document may be served--
(a) if the person has a manager in respect of his or her estate, on the manager, or
(b) if the person does not have a manager, on a person with whom he or she resides or in whose care he or she is.
(7) Subject to subrule (8), a document served pursuant to this rule must be served in the manner required by these rules in relation to documents of the same kind.
(8) In addition to any other service required by these rules--
(a) a judgment or order requiring a person under legal incapacity to do, or refrain from doing, any act, and
(b) a notice of motion for the committal of a person under legal incapacity, and
(c) a subpoena addressed to a person under legal incapacity,
must be served personally on the person.
(9) Subrule (8) does not apply to an order for interrogatories or for discovery or inspection of documents.



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