CHRISTMAS EDITION: SERVICE OF DOCUMENTS
Local Court Rules (Amendment No 2) 2010 — amended the Local Court Rules 2009 and commenced on 29 October, 2010.
The object of these Rules is to include additional methods by which service of originating and other documents may be effected.
The effect of some of these rules is as follows:
- Where a client has instructed his legal practitioner to accept service, service of the originating document may be effected by serving it on that legal practitioner: Rule 5.6A
- An originating document may be served on an inmate of a correctional centre by personal service, fax, addressed to the inmate, to the correctional centre, or by transmitting an electronic copy of the document, addressed to the inmate, to the correctional centre: Rule 5.6B
- Court Attendance Notices (or CAN’s) can be served by similar means, however the consent of the recipient is required if service is to be effected by fax or electronically: Rule 5.9(1)
- If service is effected by post, fax or electronic means, the CAN must be served on the person not less than 21 days before the first listing of the offence: Rule 5.9(2)
- The service of other documents has been amended to include service by facsimile and electronic means under certain circumstances: Rule 5.10
- A document is taken to have been served in the case of a copy of a document left in a DX box, at the end of the second day following the day on which the copy was left, or in the case of a facsimile, the end of the first day following the day on which the copy was faxed: Rule 5.13A
