Childrens Court Rules 2016
sec.27Method of service
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sec.27 Method of service
This rule applies to a requirement to serve a document on a person, unless the document must be personally served on the person. Personal service is required under the Child Protection Act , sections 41 , 56 and 227 . If a person is represented by a lawyer in a proceeding for which the document is being served, the document must be served on the person— by giving it personally to the person’s lawyer; or by sending it by post to the address of the lawyer’s place of business; or if the lawyer for the person has— a fax number—by faxing it to the person at that number; or an email address—by emailing it to the person at that address; or by leaving it with someone who— is at the address of the lawyer’s place of business; and is apparently an adult and apparently employed there; or if the court approves another electronic method to send a document and the person’s lawyer has an address for service using that method—by transmitting it electronically to the lawyer at that address; or in another way ordered by the court. If a person is not represented by a lawyer in a proceeding for which the document is being served, a document must be served on a person in 1 of the following ways— by personally serving the document on the person under rule 28 ; by sending it by post to the person’s relevant address; if the person provides— a fax number—by faxing it to the person at that number; or an email address—by emailing it to the person at that address; by leaving it with someone who— is at the person’s relevant address; and is apparently an adult and apparently residing or employed there; if the court approves another electronic method to send a document and the person has an address for service using that method—by transmitting it electronically to the person at that address; in another way ordered by the court. However, if a person serves a document on another person under subrule (2) (d) , the person must also give the document personally to the other person at the next reasonable opportunity. at the next appearance in the proceeding In this rule— relevant address , for serving a document on a person, means— the address for the person stated in the person’s notice of address for service; or if the person does not have an address for service or no longer resides at that address—the person’s last known residential address. (sec.27-ssec.1) This rule applies to a requirement to serve a document on a person, unless the document must be personally served on the person. Personal service is required under the Child Protection Act , sections 41 , 56 and 227 . (sec.27-ssec.2) If a person is represented by a lawyer in a proceeding for which the document is being served, the document must be served on the person— by giving it personally to the person’s lawyer; or by sending it by post to the address of the lawyer’s place of business; or if the lawyer for the person has— a fax number—by faxing it to the person at that number; or an email address—by emailing it to the person at that address; or by leaving it with someone who— is at the address of the lawyer’s place of business; and is apparently an adult and apparently employed there; or if the court approves another electronic method to send a document and the person’s lawyer has an address for service using that method—by transmitting it electronically to the lawyer at that address; or in another way ordered by the court. (sec.27-ssec.3) If a person is not represented by a lawyer in a proceeding for which the document is being served, a document must be served on a person in 1 of the following ways— by personally serving the document on the person under rule 28 ; by sending it by post to the person’s relevant address; if the person provides— a fax number—by faxing it to the person at that number; or an email address—by emailing it to the person at that address; by leaving it with someone who— is at the person’s relevant address; and is apparently an adult and apparently residing or employed there; if the court approves another electronic method to send a document and the person has an address for service using that method—by transmitting it electronically to the person at that address; in another way ordered by the court. (sec.27-ssec.4) However, if a person serves a document on another person under subrule (2) (d) , the person must also give the document personally to the other person at the next reasonable opportunity. at the next appearance in the proceeding (sec.27-ssec.5) In this rule— relevant address , for serving a document on a person, means— the address for the person stated in the person’s notice of address for service; or if the person does not have an address for service or no longer resides at that address—the person’s last known residential address.