40Manner of service

### 40 Manner of service > > (1)  [*\[Rule 40 Subrule (1) amended by S.R. 2013, No. 69, Applied:04 Sep 2013\]*](/view/html/inforce/2013-09-04/sr-2013-069#GS34@EN) An originating process may only be served on a party as follows: > > > > > > (a) by personal service on the party or the practitioner acting on behalf of the party; > > > > > > > (b) by registered post addressed to the usual place of residence or business of the party or the practitioner acting on behalf of the party; > > > > > > > (c) by leaving it at the party's usual place of residence or business with a person apparently of or over 16 years of age; > > > > > > > (d) if the party is an incorporated body of persons – > > > > > > > > > > (i) by leaving it at, or sending it by ordinary prepaid post addressed to, the registered office of the body; or > > > > > > > > > > > (ii) [*\[Rule 40 Subrule (1) amended by No. 42 of 2001, Sched. 2, Applied:15 Jul 2001\]*](/view/html/inforce/2001-07-15/act-2001-042#JS2@Ja81@GC9@Hph@EN) in any other manner permitted by the Corporations Act; > > > > > > > (e) if the party is an unincorporated body of persons, by registered post addressed to the principal place of business of the body. > > > (2)  A summons may only be served by personal service. > > > (3)  In addition to any manner specified in [subrule (1)](#GS40@Gs1@EN) , any other document may be served on a party as follows: > > > > > > (a) by ordinary prepaid post to the address for service of the party or the practitioner acting on behalf of the party; > > > > > > > (b) by depositing it at an approved document exchange addressed to the DX number of the party or the practitioner acting on behalf of the party; > > > > > > > (c) by EDX addressed to the name and user identification recognised by the computer of the addressee; > > > > > > > (d) by fax to the party or the practitioner acting on behalf of the party in normal business hours on a business day; > > > > > > > (e) by affixing it on a door of a place of residence or business or otherwise conspicuously on a property – > > > > > > > > > > (i) if the party appears to be keeping the place of residence or business closed in order to avoid or prevent service; or > > > > > > > > > > > (ii) if it is a case of vacant possession in an action for the recovery of real property; > > > > > > > (f) by leaving it near the party if there are threats or violence by or on behalf of that party. > > > (4)  A document is not to be served on Good Friday or Christmas Day.