(1) Where personal service of a document is not required and the person to be served has a solicitor acting for him or her, which solicitor has another solicitor as agent whose address is that person’s proper address, the document may be served:
(a) by leaving a copy of the document at the address of the first-named solicitor;
(b) by sending a copy of the document by pre-paid post addressed to the person to be served at the address of the first-named solicitor; or
(c) where an appropriate notice has been given under rule 7 of this Order — by leaving a copy of the document addressed to the first-named solicitor at the exchange box of that solicitor.
(2) The time of service of any document for the purpose of any proceedings shall be:
(a) if the copy of the document is sent by pre-paid post in accordance with paragraph (1) (b) — 7 days after the copy is so sent; or
(b) if the copy of the document is left in an exchange box in accordance with paragraph (1) (c) — 2 days after the copy is so left.
5 Identity
For the purposes of the proof of service, evidence of a statement by a person concerning the identity of, or office held by, that person is evidence of the person’s identity or that the person holds that office, as the case may be.
6 Address for service
(1) An address for service shall be the address of a place at which documents in the proceedings may, during ordinary business hours, be left for the person whose address for service it is and to which documents in the proceeding may be posted for that person.
(2) The address for service of a person represented by a solicitor or authorised representative shall be the office of the solicitor or authorised person or of the solicitor’s agent.
(3) A person may change his or her address for service by filing a notice of the change showing a new address for service.
(4) A person who files a notice of change of address for service shall, on the date of filing, serve the notice on each party to the proceedings.
7 Document exchange — Form 12
(1) A person whose address for service is the office of a solicitor or authorised representative who uses the facilities of a document exchange may file a notice authorising service at the document exchange box of that solicitor or authorised representative in the prescribed form or add a notice to that effect to the person’s originating process (other than a cross-claim) or notice of appearance.
(2) A person may change the particulars stated in his or her notice authorising service at a document exchange box by filing a notice showing the new particulars or cancel the notice authorising service at a document exchange box by filing a notice to that effect.
Section 4A - Industrial Relations Court Rules - Service on principal solicitor | Zoe
(3) A person who files a notice authorising service at a document exchange box (other than a notice added to an originating process or a notice of appearance), a notice of a change or a notice of cancellation shall, on the date of filing, serve the notice on each party to the proceeding.
(4) A change or cancellation of which notice is required to be served under this rule shall not be effective as between the person to be served and another party until the notice is filed and served on that other party.
8 Acceptance by solicitor or authorised representative
(1) This rule applies to:
(a) any originating process; and
(b) any document required or permitted to be served in any proceeding, but not required to be served personally.
(2) Where a solicitor or authorised representative makes on a copy of a document to which this rule applies a note that he or she accepts service of the document on behalf of any person, the document shall, unless that solicitor or authorised representative is shown not to have had authority to act for such person, be taken to have been duly served on that person on the date on which the solicitor or authorised representative makes the note or on such earlier date of service as may be proved.
9 Substituted service
(1) Where for any reason it is impractical to serve a document in the manner set out in the Rules, the Court may on an application made ex parte order that, instead of service, such steps be taken as are specified in the order for the purpose of bringing the document to the notice of the person to be served.
(2) Where the Court makes an order under subrule (1), the Court may order that the document be taken to have been served on the happening of any specified event, or on the expiry of any specified time.
10 Informal service: confirmation
Where for any reason it is impractical to serve a document in the manner set out in the Rules, but steps have been taken to bring the document to the notice of the person to be served, the Court may order that the document be taken to have been served on that person on a date specified in the order.
11 Service by filing
Where personal service is not required, and the person to be served is in default of appearance or has entered an appearance but has no address for service in the proceeding, the filing of the document shall, unless the Court otherwise orders, have effect as service of the document on that person.
12 Notice etc by the Court
Where, under the Rules or under an order, any notice or other document is to be given to or served on any party by the Court or any officer of the Court, the notice or document shall, unless the Rules otherwise provide or the Court otherwise orders, be sufficiently given or served in any manner in which a document not requiring personal service may be served under this Order.
13 Injunction: service
Where the Court grants an interlocutory injunction, the party may serve notice of the injunction, if desired:
(a) by facsimile transmission or letter signed by or on behalf of the Registrar; or
(b) by telephone call by or on behalf of the Registrar.
14 Service under contract
Where a respondent in any proceeding has, before or after the commencement of the proceeding, agreed that originating process or any other document in the proceeding may be served on the respondent or on some other person on behalf of the respondent in a manner or at a place (whether in or outside the Commonwealth) specified in the agreement, service in accordance with the agreement shall be sufficient service on the respondent.
Order 8 Service outside the jurisdiction
1 Cases for service of originating process
Subject to rule 2 and Division 2 and 3 of this Order, originating process may be served outside the Commonwealth in the following cases:
(a) where the proceeding is founded on a cause of action arising in the Commonwealth;
(aa) where the proceeding is founded on a breach in the Commonwealth of a contract, wherever made, whether or not the breach is preceded or accompanied by a breach, wherever occurring, that renders impossible the performance of any part of the contract which ought to be performed in the Commonwealth;
(ab) where the proceeding:
(i) is for the enforcement, rescission, dissolution, rectification or annulment of a contract; or
(ii) otherwise affects a contract; or
(iii) is for damages or other relief in respect of the breach of a contract;
and the contract:
(iv) is made in the Commonwealth; or
(v) is made on behalf of the person to be served by or through an agent carrying on business or residing in the Commonwealth; or
(vi) is governed by the law of the Commonwealth or of a State or Territory;
(ac) where the proceeding is founded on a tort committed in the Commonwealth;
(ad) where the proceeding is founded on, or is for the recovery of, damage suffered wholly or partly in the Commonwealth caused by a tortious act or omission, wherever occurring;
(ae) where the proceeding is for the construction, rectification, setting aside or enforcement of:
(i) a deed, will or other instrument; or
(ii) a contract, obligation or liability;
affecting property in the Commonwealth;
(af) where the proceeding is for:
(i) the execution of a trust that is governed by the law of the Commonwealth or of a State or Territory; or
(ii) relief that might be granted in a proceeding for the execution of that trust;
(ag) where the proceeding affects the person to be served in respect of his or her membership of a corporation:
(i) carrying on business in the Commonwealth; or
(ii) registered in a State or Territory as a foreign company;
(ah) where the proceeding relates to an arbitration held in the Commonwealth;
(ai) where:
(i) the proceeding is for relief relating to the custody, guardianship, protection or welfare of a minor, whether or not the minor is in the Commonwealth; and
(ii) apart from service, the Court has jurisdiction to grant relief;
(b) where the proceeding is founded on a breach of an Act, where the breach is committed in the Commonwealth;
(c) where the proceeding is founded on a breach, wherever occurring, of an Act, and is brought in respect of, or for the recovery of, damage suffered wholly or partly in the Commonwealth;
(d) where the proceeding is for contribution or indemnity in respect of a liability enforceable by a proceeding in the Court;
(e) where the person to be served is domiciled, incorporated or ordinarily resident in the Commonwealth, or being a corporation carries on business in the Commonwealth or is registered in any State or Territory as a foreign company;
(f) where the proceeding is a proceeding in respect of which the person to be served has submitted to the jurisdiction of the Court;
(g) where the proceeding is properly brought against a person served or to be served in the Commonwealth and the person to be served outside the Commonwealth is properly joined as a party to the proceeding;
(h) where the subject matter of the proceeding, so far as concerns the person to be served is property in the Commonwealth;
(i) where the proceeding is for the perpetuation of testimony relating to property in the Commonwealth;
(j) where the proceeding is for an injunction as to anything to be done in the Commonwealth or against the doing of any act in the Commonwealth, whether damages are also sought or not;
(k) where the proceeding affects the person to be served in respect of that person’s:
(i) membership of or office within a corporation incorporated or carrying on business within the Commonwealth;
(ii) membership of or office within an association or organisation formed or carrying on the whole or part of its affairs within the Commonwealth; or
(iii) conduct as a member or officer of such corporation, association or organisation;
(l) where the proceeding concerns the construction, effect or enforcement of an Act or a regulation or other instrument having or purporting to have effect under an Act;
(m) where the proceeding concerns the effect or enforcement of an executive, ministerial or administrative act done or purporting to be done under an Act or regulation or other instrument having or purporting to have effect under an Act;
(n) where the proceeding, so far as concerns the person to be served, falls partly within one of the foregoing paragraphs and falls, as to the residue, within one or more of the others of the foregoing paragraphs.
2 Leave or confirmation
(1) Service outside the Commonwealth of originating process is not valid under this Order unless:
(a) the service is in accordance with the prior leave of the Court given under subrule (2);
(b) the Court confirms the service under subrule (4); or
(c) the person served waives objection by entering an appearance.
(2) Where the Court is satisfied of the following matters:
(a) that the proceeding is a proceeding in which the Court has jurisdiction;
(b) that the proceeding is a proceeding to which rule 1 applies; and
(c) that the applicant has a prima facie case for the relief sought;
the Court may, by order, grant leave to serve originating process outside the Commonwealth under this Order.
(3) The evidence on a motion for leave under subrule (2) must include evidence showing in what country or place the person to be served is, or probably may be found, and whether that country is a convention country or non-convention country.
(4) Where originating process has been served outside the Commonwealth without a prior motion for leave under subrule (2), and the Court is satisfied:
(a) on the matters mentioned in subrule (2); and
(b) that the failure to apply for leave is sufficiently explained;
the Court may by order confirm the service.
3 Other documents
Service outside Australia of a document other than originating process is valid if the service is in accordance with the prior leave of the Court or is confirmed by the Court.
4 Rules as to service generally
Subject to this Order and subject to any convention, the Rules apply to service outside Australia under this Order as they apply to service inside Australia.
5 Mode of service
A document which is to be served outside Australia need not be served personally on the person required to be served, so long as it is served in accordance with the law of the country in which service is effected.