Local Court Rules 2009

A person who serves a document issued in proceedings must complete a statement as to service of the document served.

The statement must include the following matters—

the date service was effected,

the method of service,

the name, address and occupation of the person serving the document,

if the document was served personally, the person to whom it was delivered,

if the document was served by post—

the information (and the source of such information) the person relied on in obtaining the address to which it was posted, and

the time and place of posting,

if the document was served by facsimile—

the information (and the source of such information) the person relied on in obtaining the facsimile number to which it was sent, and

the date on which advice confirming successful transmission of the document was received,

if the document was served by electronic communication (other than facsimile)—

the information (and the source of such information) the person relied on in obtaining the email address to which it was sent, and

the date on which the email was sent.

A copy of the document served must be attached to the statement or the statement must clearly identify that document.

The statement must be signed by the person serving the document and a witness to the signature.

In the case of a document served by a police officer or a public officer, the statement is not required to be signed.

If service is effected by facsimile, the party relying on service must produce to the Court, if requested to do so by the Court, a copy of the advice confirming successful transmission of the document.

If service is effected by electronic communication (other than facsimile), the party relying on service must produce to the Court, if requested to do so by the Court, evidence of the date that the document was dispatched.

If service is effected by post by a person other than a registrar, the party relying on service is, in the absence of evidence to the contrary, taken to have effected service if the person produces evidence of any of the following—

an acknowledgement of receipt of the document by the person to whom it was directed,

that the address appearing on the document is the address provided by the person served for service of documents in the proceedings,

that the address appearing on the document is the address of the person served on a current driver licence within the meaning of the Road Transport (Driver Licensing) Act 1998, or within the meaning of any corresponding law of another State or a Territory of the Commonwealth,

that the address appearing on the document is the address of the person served as shown on records kept by the Roads and Traffic Authority under the Road Transport (Vehicle Registration) Act 1997 in respect of the current registration of motor vehicles or trailers, or as shown under records kept by an authority under a corresponding law of another State or a Territory of the Commonwealth.