Court Procedures Rules 2006

Service of a document may be proved—

by affidavit of service made by the person who served the document; or

by the person who served the document giving sworn evidence about the service; or

if the document was served under rule 6412 (Service of originating process by post—Magistrates Court)—by production of the certificate of postal service; or

in another way that the court directs is to be treated as appropriate.

Note Pt 6.2 (Applications in proceedings) applies to an application for a direction.

If an affidavit of service of a document is required or allowed under a territory law, the affidavit—

for service in accordance with rule 6405 (How document is personally served)—must be made by the person who served the document and include the following:

the person’s full name;

the time, day and date the document was served;

the place of service;

the name of the person served and how the person was identified; or

for any other kind of service—

must state how the document was served; and

must state the relevant dates and the facts showing service; and

if service was made in a way that required the person served to be identified—how the person was identified; and

may be made on information given to, or the belief of, the person causing the service; and

if made on information given to the person causing the service—must state the source of the information.

Note A territory law includes these rules (see Legislation Act, s 98).

For subrule (2) (b) (ii), if the document was served by post, the affidavit must state the following:

that it was sent by prepaid post to a stated address;

that it was addressed to the person or, if it was sent to an address for service that is the office of a solicitor, to that solicitor;

the date the document was posted.

Subrules (2) and (3) do not limit the matters to be stated in the affidavit.

If the court gives leave to serve a document—

a sealed copy of the order giving leave must be served with the document; and

any affidavit of service for the document must deal with the service of the order as well as the service of the document.

An affidavit of service of a document must—

have the document filed with it as an annexure or exhibit or be written on the document; or

if the document has been filed in the court—mention the document in a way sufficient to enable the document to be identified.