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.