30HPersonal service required only in certain circumstances

30H Personal service required only in certain circumstances

30H Personal service required only in certain circumstances

(1) Any document required or permitted to be served on a person in any proceedings may be personally served, but need not be personally served unless this Rule so requires or the Court so orders.

(2) Except as otherwise provided by this Rule—

(a) a care proceedings attendance notice must be personally served, and

(b) a subpoena for attendance must be served in one of the following ways—

(i) it may be personally served on the person to whom it is directed,

(ii) it may be left, addressed to the person to whom it is directed, at that 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, and

(c) a subpoena for production must be served in one of the following ways—

(i) it may be served personally on the person to whom it is directed,

(ii) it may be left, addressed to the person to whom it is directed, at that 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,

(iii) it may be sent by post, addressed to the person to whom it is directed, to the person’s business or residential address in an envelope marked with the return address of the party at whose request the subpoena was issued.

Note—

As to service by post, see section 76 of the Interpretation Act 1987.

(3) If the postal authority returns, as having not been delivered, an envelope, posted as referred to in subclause (2) (c) (iii), to the party by whom or on whose behalf it was posted—

(a) service of the document contained in the envelope is taken not to have been effected, and

(b) any decision made on the basis of that service is to be set aside.

cll 30H–30J: Ins 2006 (810), Sch 1 [8].