Children's Court Act 1987 Children's Court Amendment (Service) Rule 2001 (2001-824) [GG No 158 of 19.10.2001, p 8634] (NSW)
2001 No 824
| Children’s Court Amendment (Service) Rule 2001 | New South Wales |
| under the |
Children’s Court Act 1987
Her Excellency the Governor, with the advice of the Executive Council, has made the following Rule under the Children’s Court Act 1987.
BOB DEBUS, M.P.,
Attorney General
Explanatory note
The object of this Rule is to require the filing of notices of address for service of documents in proceedings under the Children and Young Persons (Care and Protection) Act 1998 that are heard by the Children’s Court.
This Rule is made under section 23 of the Children’s Court Act 1987.
| Published in Gazette No 158 of 19 October 2001, page 8634 | Page 1 |
| [8] | |
| 2001 No 824 | |
| Clause 1 | Children’s Court Amendment (Service) Rule 2001 |
Children’s Court Amendment (Service) Rule 2001
Name of Rule
This Rule is the Children’s Court Amendment (Service) Rule 2001.
Amendment of Children’s Court Rule 2000
The Children’s Court Rule 2000 is amended as set out in Schedule 1.
3 Notes
The explanatory note does not form part of this Regulation.
2001 No 824
Children’s Court Amendment (Service) Rule 2001
| Amendments | Schedule 1 |
| Schedule 1 | Amendments |
(Clause 2)
Part 6, Division 6
Insert after clause 30:
Division 6 General
30A Address for service—legal practitioner (1) This clause applies to proceedings under the Children and
Young Persons (Care and Protection) Act 1998.
(2) A legal practitioner who has not given an address for service is not entitled to be heard by the Court in proceedings to which the clause applies unless the Court orders otherwise. (3) A legal practitioner may give an address for service in proceedings to which the clause applies:
(a)
by filing a notice of address for service in accordance with Form 1 of Schedule 1, or
(b)
by filing another relevant document that includes an address for service.
(4)
Unless the Court orders otherwise, if a legal practitioner who does not have an address for service files a document in proceedings to which the clause applies, the document must include the legal practitioner’s address for service.
(5) An address for service must be an address in New South
Wales.
(6)
A legal practitioner may change the legal practitioner’s address for service in the proceedings by filing a notice of address for service in accordance with Form 1 of Schedule 1.
(7)
Unless the Court orders otherwise, a legal practitioner who files a notice of address for service in proceedings under this clause must serve a sealed copy of the notice on each other party to the proceedings.
2001 No 824
Children’s Court Amendment (Service) Rule 2001
| Schedule 1 | Amendments |
(8) If a legal practitioner notifies an address for service under this clause, leaving a copy of a document at, or sending a copy of a document by post addressed to the person at, that address for service is taken to be good service on the person. (9) If a legal practitioner notifies an address for service that is an office that has an exchange box in a document exchange of Australian Document Exchange Pty Limited, in the State, leaving a copy of a document, addressed to that legal practitioner, at that exchange box or at another exchange box for transmission to that exchange box is taken to be good service on the person on a day two days after the copy is left.
Schedule 1
Insert after clause 46:
Schedule 1 Forms (Clause 30A) Form 1 Notice of address for service Children’s Court of New South Wales File number (or
details of
application)Filed at Filed on Hearing date
1 Name
2 Address for
service
2001 No 824
Children’s Court Amendment (Service) Rule 2001
| Amendments | Schedule 1 |
3 Telephone
number4 Fax number
5 DX and
suburb/town (if
applicable)Name of party for
whom legal
practitioner actsThe person named in 1 above or his or her legal practitioner can sign this form.
Date
Signature
Print legal
practitioner’s name(if applicable)
BY AUTHORITY
0
0
0