Australian Capital Territory Numbered Acts

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CIVIL PARTNERSHIPS ACT 2008 (NO. 14 OF 2008) - SECT 14

Personal service of termination notices and withdrawal notices

    (1)     This section applies to a termination notice or withdrawal notice required to be served personally on a party to a civil partnership under section 10 (Termination by parties).

    (2)     To serve the notice personally on the party, the person serving the notice must—

        (a)     give the party a copy of the notice; or

        (b)     if the party does not accept the copy—put the copy down in the party's presence and tell the party in general terms what it is; or

        (c)     if the person serving the document is prevented from approaching the party by violence or threat of violence—put the copy down as near as practicable to, but in the sight of, the party.

    (3)     However, a person may apply to the Supreme Court for an order allowing the notice to be served in another way (the alternative way ).

    (4)     The Supreme Court may make the order if satisfied that—

        (a)     it is impracticable, for any reason, for the notice to be served personally as mentioned in subsection (2); and

        (b)     the alternative way is reasonably likely to bring the notice to the attention of the party.

    (5)     If the Supreme Court makes the order, the court may, in the order, provide that the notice is taken to have been served on the happening of a stated event, at a stated time or at the end of a stated period.

    (6)     The Supreme Court may make an order under subsection (4) even though the party is not in the ACT or Australia.

    (7)     For section 10, if a notice is served on a party in accordance with an order under subsection (4), the notice is taken to have been served personally on the party.



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