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Court Procedures Rules
6431Service on corporations—generally
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6431 Service on corporations—generally
(1) A document may be served on a corporation under these rules in a
way provided—
(a) for the service of documents on the corporation under the
Corporations Act or another applicable law; or
(b) by rule 6432 (Service on corporations—additional ways for all
corporations).
Note 1 Meaning of corporation
Corporation includes a body politic or corporate (see Legislation Act,
dict, pt 1).
Note 2 Corporations Act
• the Corporations Act, s 109X provides non-exhaustively for the
service of documents on a company registered under that Act. The
section does not apply to a document that may be served under the
Service and Execution of Process Act 1992 (Cwlth) (SEPA), s 9 (see
s 9 (9))
• the Corporations Act, s 601CX provides for service of documents
on a body corporate registered under that Act, pt 5B.1 (Registering
a body corporate as a company). The section does not apply to a
document that may be served under SEPA, s 9 (see s 9 (9)).
Note 3 Service and Execution of Process Act
SEPA, s 9 provides exhaustively for service of documents under that Act
on a company or registered body corporate (see also s 15 (3)). SEPA, s
10 provides non-exhaustively for service of documents under that Act on
any other body corporate (but see s 15 (4) for an originating process).
SEPA, s 15 (5) provides for service of an originating process under that
Act on a body politic.
Note 4 ACT legislation—general
The Legislation Act, pt 19.5 provides non-exhaustively for the service of
documents on corporations generally (including territory agencies).
Rule 6432
Note 5 ACT legislation—specific
• the Associations Incorporation Act 1991, s 122 provides
non-exhaustively for the service of documents and process on an
incorporated association under that Act
• the Community Title Act 2001, s 59 provides for an address for
service for a body corporate under that Act (see also Legislation Act,
s 246, def business address)
• the Cooperatives Act 2002, s 461 provides non-exhaustively for the
service of documents on a foreign cooperative by post
• the Unit Titles Act 2001, s 79 provides non-exhaustively for the
service of documents on an owners corporation under that Act.
Note 6 Service on governments
The Judiciary Act 1903 (Cwlth), s 63 provides for service of process on
the Commonwealth or a State. The Court Procedures Act 2004, s 33 and
s 34 provide for service on the Territory and its Ministers.
document, service of the document on a corporation in a way
mentioned in subrule (1) is taken to be personal service of the
document on the corporation.