New South Wales Consolidated Regulations

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UNIFORM CIVIL PROCEDURE RULES 2005 - REG 10.5

The various methods of service

10.5 The various methods of service

(cf SCR Part 9, rules 3 and 4; DCR Part 8, rules 3, 9 and 12; LCR Part 7, rules 3, 9 and 12)

(1) Subject to these rules, a document may be served on a person--
(a) by means of personal service, or
(b) by posting a copy of the document, addressed to the person--
(i) to the person's address for service, or
(ii) if the person is not an active party, to the person's business or residential address, or
(c) by leaving a copy of the document, addressed to the person--
(i) at the person's address for service, or
(ii) if the person is not an active party, at the person's business or residential address,
with a person who is apparently of or above the age of 16 years and apparently employed or residing at that address, or
(d) in the case of service on a corporation, by serving the document on the corporation in any manner in which service of such a document may, by law, be served on the corporation.
(2) In the case of a person having an address for service that is a solicitor's office address, service of a document on the person may also be effected--
(a) if the notice advising the address for service includes a DX address, by leaving a copy of the document, addressed to the solicitor, in that DX box at that address or in another DX box for transmission to that DX box, or
(b) if the notice advising the address for service includes a fax number, by faxing a copy of the document to that number, or
(c) if the notice advising the address for service includes an electronic service address, by transmitting an electronic copy of the document to that address.
(3) Unless the contrary is proved, the time at which a document is taken to have been served is--
(a) in the case of a document that is left in a DX box in accordance with subrule (2)(a), at the end of the second day following the day on which the copy is so left, or
(b) in the case of a copy of a document that is faxed in accordance with subrule (2)(b), at the end of the first day following the day on which the copy is so faxed.
Note : See clause 13 of Schedule 1 to the Electronic Transactions Act 2000 as to when an electronic copy of a document is taken to have been delivered to an electronic mail address. See also Division 3 of this Part as to how personal service is to be effected.



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