Magistrates Court (Civil Division) Rules 1998
40Manner of service
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40 Manner of service
(1) [Rule 40 Subrule (1) amended by S.R. 2013, No. 69, Applied:04 Sep 2013] 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] 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) , 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 –