ACTIn ForceRegulation
Court Procedures Rules
6439Service of originating application to recover unoccupied
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6439 Service of originating application to recover unoccupied
land
(1) This rule applies if an originating application in a proceeding to
recover unoccupied land cannot be served on the defendant without
unreasonable delay or expense.
(2) The court may order that the application may be served by attaching
a stamped copy of the application to a door of a house, or to
something else at another conspicuous place, on the land.
(3) An order under subrule (2) may direct that the application be taken to
be served on the defendant at the end of a stated time.
(4) If an application has been served by attaching a stamped copy of the
application to something at a conspicuous place on the land other than
under an order under subrule (2), the court may order that the
application be taken to be served on the defendant on a date stated in
(5) Service under this rule is taken to be personal service.
(7) An application under this rule is made by filing in the court—
(b) an affidavit in support of the order.
(8) The draft order and supporting affidavit need not be served on anyone
(9) Unless the court otherwise orders on its own initiative, an application
Note For the jurisdiction of the Magistrates Court in relation to title to land,
see the Magistrates Court Act 1930, s 264 (Proceedings affecting title to
land).
Rule 6450