Commonwealth Numbered Regulations

1994 No. 401 FAMILY LAW RULES (AMENDMENT) - RULE 18

18.1 Omit the Order, substitute:
                                  "ORDER 18


"SERVICE

"Division 1-Address for service Address for service-right to be heard in
proceedings

"1. A person who has not given an address for service is not entitled to be
heard by the court in proceedings unless the court orders otherwise.

Giving address for service

"2. (1) A person may give an address for service in proceedings:

   (a)  by filing a notice of address for service in accordance with Form 18;
        or

   (b)  by filing another relevant document, in a form prescribed by these
        Rules, that includes an address for service.

"(2) If a party to proceedings (in this subrule called 'the later
proceedings'):

   (a)  has not given an address for service in the later proceedings in
        accordance with subrule (1); and

   (b)  has an address for service in other proceedings between the parties
        (except proceedings for divorce or other principal relief); and

   (c)  has taken a step in the other proceedings within 6 months before the
        day on which a document that is required to be served on the party is
        filed in the later proceedings; the party's address for service in the
        other proceedings is taken to be the party's address for service in
        the later proceedings unless the party changes his or her address for
        service in the later proceedings.

"(3) Unless the court orders otherwise, if a person who does not have an
address for service files a document in proceedings, the document must include
the person's address for service.

"(4) An address for service must be an address in Australia.

Change of address for service

"3. A party to proceedings may change the party's address for service in the
proceedings by filing a notice of address for service in accordance with Form
18.

Notifying other parties of address for service

"4. Unless the court orders otherwise, a person who files a notice of address
for service in proceedings under rule 2 or 3 must serve a sealed copy of the
notice on each other party to the proceedings.



"Division 2-When and how are documents served? When must documents be served
on other parties?

"5. (1) If a document filed in proceedings is to be served under these Rules,
the person who filed it must serve a sealed copy of it on each other party to
the proceedings as soon as practicable after it was filed.

"(2) Unless the court orders otherwise, a person must not serve a document on
another person more than 12 months after the date on which the document was
filed.

Service by hand

"6. (1) If a document is served on a person by handing it to him or her, it
must not be handed to him or her by the party on whose behalf it is being
served, but it may be handed to him or her in the party's presence.

"(2) If an individual refuses to accept a document from the person serving it,
the document is taken to have been handed to the individual if:

   (a)  the document is put down, and left, in his or her presence; and

   (b)  the person serving the document tells the individual what the document
        is.

Service of applications for divorce or other principal relief

"7. A sealed copy of an application for divorce or other principal relief must
be served on the respondent by:

   (a)  handing it to him or her; or

   (b)  sending it by pre-paid post in a sealed envelope addressed to him or
        her at his or her last known address.

Service of summary applications for maintenance

"8. An application referred to in rule 1 of Order 9 (which deals with summary
maintenance procedure) must be served on the respondent:

   (a)  by handing it to him or her; or

   (b)  by sending it in a sealed envelope addressed to the respondent at his
        or her last known address:

        (i)    if the application is to be served in Australia-by pre-paid
               post as certified mail; or

        (ii)   if the application is to be served outside Australia-by
               pre-paid post as security mail.

Service of other documents on individuals

"9. (1) Except as otherwise provided in these Rules, if an individual has an
address for service, a document (other than an application referred to in rule
7 or 8) may be served on the individual:

   (a)  by handing it to him or her; or

   (b)  by delivering it to the address in a sealed envelope addressed to him
        or her; or

   (c)  by sending it by pre-paid post in a sealed envelope addressed to him
        or her at the address; or

   (d)  by fax addressed to him or her and sent to a fax receiver at the
        address; or

   (e)  if the address includes the number of a document exchange box of a
        solicitor's firm-by sealing the document in an envelope (that complies
        with any pre-payment requirements of the document exchange and is
        addressed to the solicitor or firm at that box address) and placing
        the envelope:

        (i)    in that box; or

        (ii)   in a box provided at another branch of the document exchange
               for delivery of documents to the box address.

"(2) Except as otherwise provided in these Rules, if an individual does not
have an address for service, a document (other than an application referred to
in rule 7 or 8) may be served on the individual:

   (a)  by handing it to him or her; or

   (b)  by delivering it to his or her last known address in a sealed envelope
        addressed to him or her; or

   (c)  by sending it by pre-paid post in a sealed envelope addressed to the
        individual at his or her last known address.

Service on bodies corporate

"10. (1) Except as otherwise provided in these Rules, if a body corporate has
an address for service, a document may be served on the body corporate:

   (a)  by delivering it to the address in a sealed envelope addressed to the
        body corporate; or

   (b)  by sending it by pre-paid post in a sealed envelope addressed to the
        body corporate at the address; or

   (c)  by fax addressed to the body corporate and sent to a fax receiver at
        the address; or

   (d)  if the address includes the number of a document exchange box of a
        solicitor's firm-by sealing the document in an envelope (that complies
        with any pre-payment requirements of the document exchange and is
        addressed to the solicitor or firm at that box address) and placing
        the envelope:

        (i)    in that box; or

        (ii)   in a box provided at another branch of the document exchange
               for delivery of documents to the box address.

"(2) Except as otherwise provided in these Rules, if a body corporate does not
have an address for service, a document may be served on the body corporate:

   (a)  if the body corporate has a registered office in the same State or
        Territory as the filing registry:

        (i)    by delivering or sending it by pre-paid post in a sealed
               envelope addressed to the body corporate at the registered
               office; or

        (ii)   by fax addressed to the body corporate and sent to a fax
               receiver at the registered office; or

   (b)  if the body corporate does not have a registered office in that State
        or Territory:

        (i)    by delivering or sending it by pre-paid post in a sealed
               envelope addressed to the body corporate at the principal place
               of business or principal office of the body corporate in the
               State or Territory; or

        (ii)   by fax addressed to the body corporate and sent to a fax
               receiver at that office or place of business; or

   (c)  if the body corporate does not have a registered office or place of
        business in the State or Territory:

        (i)    by delivering it or sending it by pre-paid post in a sealed
               envelope addressed to the body corporate at the body
               corporate's registered office in another State or Territory; or

        (ii)   by fax addressed to the body corporate and sent to a fax
               receiver at the registered office; or

   (d)  by handing the document to each of 2 directors of the body corporate
        who reside in the State or Territory where the filing registry is
        located; or

   (e)  if a liquidator, or an official manager, of the body corporate has
        been appointed:

        (i)    by delivering it or sending it by pre-paid post in a sealed
               envelope to the office of the liquidator or official manager;
               or

        (ii)   by fax addressed to the liquidator or official manager and sent
               to a fax receiver at that office.

Additional requirements for service by post

"11. (1) A person serving a document by post must include with the document:

   (a)  a form of acknowledgment of service in accordance with Form 19; and

   (b)  an envelope that:

        (i)    is addressed to the person on whose behalf the document is
               being served at the address for service of that person; and

        (ii)   if the document is to be sent to an address in Australia-bears
               the correct postage for the return by post of the
               acknowledgment of service in the envelope.

"(2) If the document is to be served by post outside Australia, the document
must be posted by air mail.

When is a service by post effected?

"12. Subject to rule 16, a document served on a person by post is taken to
have been served on the person:

   (a)  if it was posted to an address in Australia-on the day on which the
        document would be delivered in the ordinary course of post; or

   (b)  if it was posted to an address outside Australia-on the twenty-eighth
        day after the day of posting.

Court's discretion relating to service

"13. Nothing in this Order affects the power of a court exercising
jurisdiction under the Act or another Act:

   (a)  to authorise service of a document in a manner that is not provided
        for in Division 1 or 2; or

   (b)  to find that a document has been served; or

   (c)  to find that a document has been served on a particular date.

                        "Division 3-Proof of service
Acknowledgment of service

"14. (1) A person on whom a document is served may acknowledge service of the
document by an acknowledgment of service.

"(2) An acknowledgment of service:

   (a)  must be in accordance with Form 19; and

   (b)  may be signed by the person on whom the document was served or by his
        or her solicitor.

"(3) If a solicitor signs an acknowledgment of service on behalf of a party to
proceedings, the filing of the acknowledgment is taken to constitute proof of
service of a document to which it refers on the date on which service of the
document is acknowledged.

Affidavit of service

"15. (1) Unless the court otherwise orders, any evidence of service to be
given (except an acknowledgment of service) must be given by affidavit.

"(2) An affidavit of service must be:

   (a)  for an application for dissolution of marriage that is served by the
        applicant by post-in accordance with Form 20; and

   (b)  for an application for dissolution of marriage that is served by
        another person-in accordance with Form 21; and

   (c)  in any other case-in accordance with Form 22.

"(3) If the deponent to an affidavit of service can:

   (a)  identify the signature of a person on an acknowledgment of service of
        a document; or

   (b)  give other evidence relating to the identity of a person on whom a
        document is served; the identification or other evidence may be
        included in the affidavit of service.

Evidence of service of documents

"16. (1) Evidence of signature may be in accordance with Form 23.

"(2) An acknowledgment of service of a document that is signed by the person
on whom the document was served is evidence that the document was served in
accordance with the acknowledgment.

"(3) If the server of a document can identify the person served, service of
the document may be proved by evidence to that effect given by the server.

"(4) If the server of a document can identify a photograph of the person
served, and another person who knows the person served identifies the
photograph as a photograph of the person served, service of the document may
be proved by evidence to that effect by the server and the other person.

"(5) If a person other than the server of a document:

   (a)  was present when the document was served; and

        (ii)   saw the document handed to the person served, or put down and
               left in the presence of the person served; and

        (iii)  can identify the person served; service of the document may be
               proved by evidence to that effect given by the other person.

"(6) Nothing in this rule precludes the giving of any other evidence to prove
the service of a document.



"Division 4-Discretion as to service Court may dispense with service of
documents

"17. (1) On application made ex parte in accordance with Form 8, the court may
dispense with service of a document.

"(2) In considering an application, the court may have regard to:

   (a)  whether the applicant has taken reasonable steps to serve the document
        on the respondent; and

   (b)  whether the applicant has taken reasonable steps to provide the
        respondent with a copy of the document; and

   (c)  whether the respondent could become aware of the existence and nature
        of the document by means of advertising or another form of
        communication that is reasonably available to the applicant; and

   (d)  the likely cost to the applicant of serving the document, the means of
        the applicant and the nature of the proceedings; and

   (e)  any other relevant matter.

"(3) If an order relating to service of a document under subrule (1):

   (a)  is unconditional; or

   (b)  is made subject to a condition that is complied with; the document is
        taken to have been served.

Failure to comply with conditions

"18. Even if an applicant has not complied with a condition of an order made
under rule 17, the court may order that the document is taken to have been
served on a date specified in the order.".