Court Procedures Rules 2006

An originating process is valid for service for 1 year starting on the day it is filed in the court.

The plaintiff may apply to the court to renew the originating process if the process has not been served on the defendant.

Pt 6.2 (Applications in proceedings) applies to an application to renew the originating process.

If the court is satisfied that reasonable efforts have been made to serve the defendant or that there is another good reason to renew the originating process, the court may renew the process for a further period, of not longer than 6 months at a time, starting on the day after the day the process would otherwise end.

The originating process may be renewed whether or not it is valid for service.

Before an originating process renewed under this rule is served, it must be stamped and show the period for which the process is renewed.

Despite subrule (1), for any time limit (including a limitation period), an originating process that is renewed is taken to have started on the day the process was filed in the court.

Failing to serve an originating process within the time limited by these rules does not prevent the plaintiff from starting a fresh proceeding by filing another originating process.