Copy for service shall be sealed in accordance with

Info icon This preview shows pages 12–22. Sign up to view the full content.

View Full Document Right Arrow Icon
copy for service shall be sealed in accordance with Rule 5.11 (or attach a filing confirmation notice if filed electronically) (3) To effect personal service it shall not be necessary to show the original document.
Image of page 12

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Alternatives to personal service Acceptance of Service by Solicitor R 6.09: D’s solicitor may make a note on a copy of the doc served that service is accepted on behalf of D Confirmation of Informal Service R 6.11: if doc left with s/o other than D & later brought to D’s attention, doc taken to have been validly served on day it came to D’s notice
Image of page 13
Special Parties: r 6.04 (a): Corporations (b): Minors (c): Handicapped persons (d): Cth govt (e): Vic govt
Image of page 14

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Corporations R 6.04(a) – Leave with head officer or the treasurer / manager / co secretary S 109X Corporations Act 2001 (Cth): service (including service of originating process) may be effected on company by: Leaving /posting doc to reg’d office Delivering doc personally to director of co who lives in Australia If co in liquidation or administration, leaving/posting to liquidator’s /administrator’s address See s 601CX for foreign corporations
Image of page 15
Minors – r 6.04(b) Personal service on a person under 18 is effected by: serving a parent or guardian of the minor where there is none, serving the person with whom minor resides or whose care s/he is in
Image of page 16

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Special parties Handicapped persons: r 6.04(c) Personal service on litigation guardian if there is an eligible person If not, person with whom party resides or whose care s/he is in Cth: r 6.04(d) on Secretary to the Attorney-General's Dept or the Australian Government Solicitor State of Victoria: r 6.04(e) on the Victorian Government Solicitor
Image of page 17
Partnerships Partners may sue/be sued in firm name r 17.01 R 17.03(1): Originating process in a proceeding commenced against partners in the firm name under Rule 17.01 may be served on-- (a) any one or more of the partners; or (b) any person at the principal place of business of the partnership in Victoria who appears to have control or management of the partnership business there .
Image of page 18

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Motor vehicle injuries Rule 6.05: Personal injury/death arising out of motor vehicle accidents (serve defendant and TAC)
Image of page 19
Proof of service: r 6.17 Not required where a defendant enters an unconditional appearance, a defence or D’s solicitor indorses acceptance of service on the originating process. Affidavit to state: name of person who served document hour, day & date served place of service way in which the person served was identified Must exhibit a sealed copy of the originating process.
Image of page 20

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Ordinary Service More relaxed rules of service apply in respect of interlocutory processes, as distinct from originating processes. Generally only originating processes such as writs, third party notices etc… require personal service.
Image of page 21
Image of page 22
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

0/0 PREVIEWS LEFT
Sign up to access 24/7 study resources for your classes

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern