Service of summons on individuals—Act, s 26 (1) and (3)
4 Service of summons on individuals—Act, s 26 (1) and (3)
A summons may be served on an individual by—
giving a copy of the summons to the individual; or
if on the giving of the summons the individual refuses to accept it—
putting it down in the presence of the individual; or
leaving it at or on the place or premises where the individual is.
If service under subsection (1) is not practicable, a copy of the summons may be served on an individual by—
leaving it at the last-known or usual place of residence or business of the individual with someone else who is, or is reasonably believed to be—
over 16 years old; and
living, or employed, at that place; or
sending it by registered post or certified mail to the individual at the last-known or usual place of residence or business, or postal address, of the individual.
A judge may direct that a summons may be served on an individual by—
leaving a copy of the summons with another individual identified in the direction, who in the judge’s opinion is a person likely to bring the contents of the summons to the notice of the individual; or
sending a copy of the summons by registered post or certified mail to an address stated in the direction, that the judge has reasonable grounds to believe to be the address of a place frequented by the individual.
However, a judge must not give a direction under subsection (3) unless the judge is satisfied, based on information given in writing by an examiner, that—
service of the summons on the individual under subsection (1) or (2) has not been, or is not likely to be, successful; and
service of the summons in accordance with the direction is likely to result in the summons coming to the notice of the individual.
In this section:
judge includes a judge of the Federal Court.
Note Judge is defined in the Legislation Act to mean a resident judge, additional judge or acting judge under the Supreme Court Act 1933 (see Legislation Act, dict, pt 1).
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