Uniform Civil Procedure Rules 2005
Current version for 9 April 2020 to date (accessed 5 August 2020 at 01:18)
Part 10 Division 3
Division 3 Personal service
10.20   Personal service required only in certain circumstances
(cf SCR Part 9, rules 1 and 2; DCR Part 8, rule 3; LCR Part 7, rules 3 and 20)
(1)  Any document required or permitted to be served on a person in any proceedings may be personally served, but need not be personally served unless these rules so require or the court so orders.
(2)  Except as otherwise provided by these rules—
(a)  any originating process, and any order for examination or garnishee order, in proceedings in the Supreme Court, the Industrial Relations Commission (including the Commission when constituted as the Industrial Court), the Land and Environment Court, the District Court or the Dust Diseases Tribunal must be personally served, and
(b)  any originating process in the Local Court must be served in one of the following ways—
(i)  it may be personally served on the defendant,
(ii)  it may be left, addressed to the defendant, at the defendant’s business or residential address, with a person who is apparently of or above the age of 16 years and apparently employed or residing at that address,
(iii)  if served by the Local Court, it may be sent by post, addressed to the defendant, to the defendant’s business or residential address in an envelope marked with a return address (being the address of the Local Court but not so identified), and
(c)  any order for examination, garnishee order or subpoena for attendance in proceedings in the Local Court must be served in one of the following ways—
(i)  it may be personally served on the person to whom it is directed,
(ii)  it may be left, addressed to the person to whom it is directed, at that person’s business or residential address, with a person who is apparently of or above the age of 16 years and apparently employed or residing at that address, and
(d)  any subpoena for production in proceedings in the District Court or the Local Court must be served in one of the following ways—
(i)  it may be served personally on the person to whom it is directed,
(ii)  it may be left, addressed to the person to whom it is directed, at that person’s business or residential address, with a person who is apparently of or above the age of 16 years and apparently employed or residing at that address,
(iii)  it may be sent by post, addressed to the person to whom it is directed, to the person’s business or residential address in an envelope marked with the return address of the party at whose request the subpoena was issued.
Note.
 As to service by post, see section 76 of the Interpretation Act 1987.
(3)  If an envelope, posted as referred to in subrule (2)(b)(iii), is returned to the court by the postal authority as having not been delivered to the addressee—
(a)  service of the document contained in the envelope is taken not to have been effected, and
(b)  any judgment given or entered on the basis of that service is to be set aside,
and the registrar must so advise the party by whom or on whose behalf it was posted.
(4)  Service of a subpoena in accordance with subrule (2)(c)(ii) or (d)(ii) or (iii) is taken to be personal service for the purposes of rule 33.5(1).
(5)  Unless an earlier date is proved, a defendant who enters an appearance is taken to have been personally served with the relevant originating process on the date on which appearance was entered.
(6)  The provisions of this rule concerning the service of originating processes extend to the service of amended statements of claim if the defendant to be served has not filed either a notice of appearance or notice of defence.
10.21   How personal service effected generally
(cf SCR Part 9, rule 3; DCR Part 8, rules 3 and 14; LCR Part 7, rules 3 and 14)
(1)  Personal service of a document on a person is effected by leaving a copy of the document with the person or, if the person does not accept the copy, by putting the copy down in the person’s presence and telling the person the nature of the document.
(2)  If, by violence or threat of violence, a person attempting service is prevented from approaching another person for the purpose of delivering a document to the other person, the person attempting service may deliver the document to the other person by leaving it as near as practicable to that other person.
(3)  Service in accordance with subrule (2) is taken to constitute personal service.
10.22   Personal service on corporation
(cf SCR Part 9, rule 3; DCR Part 8, rule 12; LCR Part 7, rule 12)
Personal service of a document on a corporation is effected—
(a)  by personally serving the document on a principal officer of the corporation, or
(b)  by serving the document on the corporation in any other manner in which service of such a document may, by law, be served on the corporation.
10.23   Personal service on Crown Solicitor
(cf SCR Part 9, rule 3; DCR Part 8, rule 7A)
For the purposes of section 6 of the Crown Proceedings Act 1988, personal service of a document on the Crown Solicitor may be duly effected by leaving the document at the office of the Crown Solicitor with a person who is apparently a member of the Crown Solicitor’s staff.
10.24   Personal service on judicial officers
(cf SCR Part 9, rules 7A and 7B)
(1)  In proceedings against a judicial officer, personal service of any document may be effected by leaving a copy of the document—
(a)  in the case of a judicial officer of the Supreme Court or District Court, at the office of the principal registrar of that Court, or
(b)  in any other case, at the office of the senior judicial officer of the court at which the decision or determination was made,
addressed, in either case, to the judicial officer on whom it is to be served.
(2)  In subrule (1), judicial officer includes an Assessor within the meaning of the Local Court Act 2007.
10.25   Personal service on inmate of correctional centre
(cf DCR Part 8, rule 11; LCR Part 7, rule 11)
(1)  Personal service of a document on an inmate (within the meaning of the Crimes (Administration of Sentences) Act 1999) is effected by leaving a copy of the document, at the correctional centre at which the inmate is held in custody, with the general manager of the correctional centre.
(2)  Personal service of a document on a detainee (within the meaning of the Children (Detention Centres) Act 1987) is effected by leaving a copy of the document, at the detention centre at which the detainee is held in custody, with the centre manager of the detention centre.
10.26   Personal service on person who “keeps house”
(cf DCR Part 8, rule 13; LCR Part 7, rule 13)
(1)  If a person keeps house (that is, remains in premises to which a person attempting service cannot lawfully or practicably obtain access), the person attempting service may serve the document on the person keeping house—
(a)  by doing one of the following—
(i)  placing the document in the mail-box for the premises,
(ii)  affixing the document to an outer door of the premises,
(iii)  if the person attempting service cannot lawfully or practicably obtain access to any such mail-box or door, affixing the document to some part of the premises, or to some fence or wall surrounding the premises, as near as practicable to the principal door or entrance to the premises, and
(b)  within 24 hours after doing so, by posting a notice to the premises, addressed to the person keeping house, informing the person of the fact that the document has been so placed or affixed.
(2)  Service in accordance with subrule (1) is taken to constitute personal service.
10.27   Proof of identity
(cf SCR Part 9, rule 4A; DCR Part 8, rule 17; LCR Part 7, rule 17)
For the purposes of proof of service, evidence of a statement by a person of his or her identity or of his or her holding some office is evidence of his or her identity or that he or she holds that office, as the case may be.