Western Australian Current Acts Western Australian Current Acts (1) Substituted
service of a document may occur by order of a court if the court is satisfied
that a person is deliberately avoiding being served with the document.
(1A) Substituted
service of an FVRO may also occur —
(a) by
order of a court if —
(i)
the court is satisfied that personal service or service
by post is impracticable for any reason (including that the person to be
served does not have a fixed address or is located at a place that is too
remote to reasonably permit personal service or service by post); or
(ii)
the court is satisfied that the person to be served is
likely to avoid personal service or service by post; or
(iii)
the court considers that substituted service is
necessary, appropriate or advisable in the circumstances of the particular
case (including that any delay in service is likely to put at risk the safety
of the person seeking to be protected);
or
(b) if a
person attempting to serve the order has failed to achieve personal service
after taking the steps prescribed by the regulations (including on the basis
that substituted service may only occur with the approval of a person of a
prescribed class or holding a prescribed office).
(2) A document is
served by substituted service if the person serving it —
(a)
takes such steps as a court directs to bring the document to the attention of
the person being served; or
(b) in a
case where subsection (1A)(b) applies, takes the steps prescribed by the
regulations.
(3) The court is to
consider making an order for substituted service in relation to an FVRO in
every case, whether it is an interim order or a final order.
(4) The court may make
an order for substituted service in relation to an FVRO at the time of making
the FVRO or at any other time during the relevant proceedings.
[Section 60 amended: No. 49 of 2016 s. 58; No. 13
of 2020 s. 39.]
[Heading amended: No. 38 of 2004 s. 40.]