Victorian Numbered Regulations Victorian Numbered Regulations(1) Where personal service of a document is not required, the document may be served—
(a) by leaving the document at the proper address of the person to be served on any day on which the Prothonotary's office is open;
(b) by posting the document to the person to be served at the person's proper address;
(c) where provision is made by or under any Act for service of a document on a corporation, by serving the document in accordance with that provision;
(d) where the solicitor for a party has facilities for the reception of documents in an exchange box in a document exchange, by leaving the document in that exchange box or in another exchange box for transmission to that exchange box; or
(e) where the solicitor for a party has facilities for the reception by telephone transmission of a facsimile of a document, by telephone transmission of the document in accordance with paragraph (2.1).
Note
The Electronic Transactions (Victoria) Act 2000 applies to enable a document to be served electronically, including facsimile transmission and email, in accordance with that Act.
(2) For the purpose of paragraph (1), the proper address of a person shall be the address for service of that person in the proceeding, but if at the time service is to be effected that person has no address for service, the proper address shall be—
(a) in the case of an individual, the individual's usual or last known place of residence or of business;
(b) in the case of individuals suing or being sued in the name of a firm, the principal or last known place of business of the firm;
(c) in the case of a corporation, the registered or principal office of the corporation.
(2.1) A document that is served by telephone transmission shall include a cover page stating—
(a) the name, address and telephone number of the sender;
(b) the name of the solicitor to be served;
(c) the date and time of transmission;
(d) the total number of pages transmitted, including the cover page;
(e) the telephone number from which the document is transmitted;
(f) the name and telephone number of a person to contact in the event of any problem in transmission of the document;
(g) that the transmission is by way of service under Rule 6.07(1)(e).
(3) Where no person can be found at the address for service of a plaintiff who sues or a defendant who has appeared in person, any document in the proceeding may be served on that plaintiff or defendant by filing it.
(3.1) A party who serves a document by filing in accordance with paragraph (3) shall indorse upon a backsheet or on the back of the last sheet a statement that the document is filed as such service.
(4) Service in accordance with paragraph (1)(a) or (1)(e) which is effected after 4.00 p.m. shall, for the purpose of calculating any period of time after that service, be taken to have been effected on the next day the Prothonotary's office is open.
(5) The day of service of a document shall, where the document—
(a) is sent by post in accordance with paragraph (1)(b)—be taken to be the day it would be delivered in the normal course of post;
(b) is delivered into the facilities of a document exchange in accordance with paragraph (1)(d)—be taken to be the day following the day upon which it is so delivered or, where a document is delivered on a Friday, be taken to be the following Monday—
or on such other day as may be proved.
(6) In this Rule, "document exchange" means any document exchange for the time being approved by the Chief Justice on the recommendation of the Council of the Law Institute of Victoria.