If personal service impracticable or impossible
25 If personal service impracticable or impossible
This section applies if—
a termination notice or withdrawal notice must be served personally on a party to a civil union under section 12; and
personal service of the notice is not practicable.
The person serving the notice may apply to the Supreme Court for an order allowing the notice to be served in another way (the alternative way).
The Supreme Court may make an order if satisfied that—
it is not practicable, for any reason, for the notice to be served personally under section 24; and
the alternative way is reasonably likely to bring the notice to the attention of the party.
If the Supreme Court makes an 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.
The Supreme Court may make an order under subsection (3) even though the party is not in the ACT or Australia.
For section 12, if a notice is served on a party in accordance with an order under subsection (3), the notice is taken to have been served personally on the party.
This Act’s bill:Explanatory statementSecond reading speech
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