Industrial Relations (Tribunals) Rules 2011
sec.28Service of documents
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sec.28 Service of documents
The following are the ways by which a document may be served on the person to be served— personal service under rule 29 ; for an industrial organisation—giving the document to the secretary of the industrial organisation; leaving the document with someone who is apparently an adult living at the relevant address; if there is no-one at the relevant address—leaving the document at the relevant address in a position where it is reasonably likely to come to the person’s attention; if the relevant address is within a building or area to which the person serving the document has been denied access—leaving the document at the building or area in a position where it is reasonably likely to come to the person’s attention; posting the document to the relevant address; For the meaning of service by post see the Acts Interpretation Act 1954 , section 39A . if the person has given— a fax number under these rules—faxing the document to the person; or an email address for service of documents in the proceeding—emailing the document to the person; if a proceeding is brought against the person in relation to a business carried on by the person under a name other than the person’s name—leaving the document at the person’s place of business with a person who appears to have control or management of the business at the place. The charge for service under this rule must be paid by the party required to serve the document. In this rule— relevant address , of a person to be served, means— the person’s address for service; or for an individual who does not have an address for service— the individual’s last known place of business or residence; or if the proceeding is brought by or against an individual in the name of a partnership—the principal or last known place of business of the partnership; or for a corporation or industrial organisation that does not have an address for service—its head office or its principal or registered office. r 28 amd 2013 SL No. 73 s 5 ; 2017 SL No. 26 s 9 ; 2021 SL No. 10 s 12 ; 2023 SL No. 157 s 4 (sec.28-ssec.1) The following are the ways by which a document may be served on the person to be served— personal service under rule 29 ; for an industrial organisation—giving the document to the secretary of the industrial organisation; leaving the document with someone who is apparently an adult living at the relevant address; if there is no-one at the relevant address—leaving the document at the relevant address in a position where it is reasonably likely to come to the person’s attention; if the relevant address is within a building or area to which the person serving the document has been denied access—leaving the document at the building or area in a position where it is reasonably likely to come to the person’s attention; posting the document to the relevant address; For the meaning of service by post see the Acts Interpretation Act 1954 , section 39A . if the person has given— a fax number under these rules—faxing the document to the person; or an email address for service of documents in the proceeding—emailing the document to the person; if a proceeding is brought against the person in relation to a business carried on by the person under a name other than the person’s name—leaving the document at the person’s place of business with a person who appears to have control or management of the business at the place. (sec.28-ssec.2) The charge for service under this rule must be paid by the party required to serve the document. (sec.28-ssec.3) In this rule— relevant address , of a person to be served, means— the person’s address for service; or for an individual who does not have an address for service— the individual’s last known place of business or residence; or if the proceeding is brought by or against an individual in the name of a partnership—the principal or last known place of business of the partnership; or for a corporation or industrial organisation that does not have an address for service—its head office or its principal or registered office.