Supreme Court Rules (Amendment) (ACT)

Supreme Court Rules1 (Amendment)

Subordinate Law No. 33 of 19972

We, Judges of the Supreme Court, make the following Rules of Court under section 36 of the Supreme Court Act 1933.

Dated 5 November 1997.

jeffrey Miles

Chief Justice

t j higgins

Judge

k j crispin

Judge

a g towill

Registrar

Commencement

1.  These Rules commence on the day on which they are notified in the Gazette.

Principal Rules

2.  In these Rules, “Principal Rules” means the Supreme Court Rules.

Insertion

3.  After rule 8 of Order 10 of the Principal Rules the following rule is inserted in that Order:

Non-personal service

“9.  (1)  If personal service of a document in an action is not required, the document may be served—

(a)by leaving a copy at the proper address of the person to be served;

(b)by sending a copy by pre-paid post addressed to the person to be served at his or her proper address;

(c)if the address for service of the person to be served includes a reference to the number of an Australian Document Exchange Pty Ltd  exchange box—by leaving a copy of the document addressed to that person in that exchange box or at a collection point of that company for transmission to that exchange box; or

(d)if the address for service of the person to be served includes a reference to a facsimile machine number—by facsimile transmission directed to that number.

“(2)  Service of a document in an action shall be deemed to have been effected—

(a)if a copy was sent by pre-paid post in accordance with paragraph (1) (b)—3 days after it was posted;

(b)if a copy was left in an exchange box or at a collection point in accordance with paragraph (1) (c)—2 days after it was left; or

(c)if it was transmitted in accordance with paragraph (1) (d)—1 day after it was transmitted;

unless the contrary is proved.

“(3)  In subrule (1)—

‘proper address’, in relation to a person to be served with a document, means—

(a)if the person has an address for service—that address; or

(b)if the person does not have an address for service—the address of the person’s last known place of residence or business.”.

Defendant’s address for service

4.  Rule 4 of Order 13 of the Principal Rules is amended—

(a)by omitting paragraphs (1) (a) and (b) and substituting the following paragraphs:

“(a)if any other solicitor who has a place of business in the Territory is acting as agent of the first-mentioned solicitor in relation to the action—the address of that place; or

(b)in any other case—the address of the solicitor’s place of business in Australia.”; and

(b)by omitting from paragraphs (2) (a) and (b) “the Territory” and substituting “Australia”.

NOTES

Principal Rules

1. Reprinted as at 31 January 1997.  See also Subordinate Laws Nos. 8, 9, 20, 30 and 31, 1997.

Notification

1. Notified in the ACT Gazette on 11 November 1997.

©  Australian Capital Territory 1997