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r 4.10

Substituted service

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Part 4Service

4.10 Substituted service

(1) If it is impracticable to serve a document in a manner required by these Rules, the Court may order that, instead of service, steps specified by the Court be taken to bring the document to the notice of the person to be served.

(2) If the Court makes an order under subrule (1), it may order that the document is to be taken as served when a specific event happens or a specific time expires.

(3) The Court may make an order under subrule (1) despite the person who is to be served being out of the Territory when the proceeding is commenced or the order is made.

(4) An application for an order under subrule (1) is to be supported by an affidavit stating:

(a) that attempts at service have been unsuccessful, or the reason personal service is impracticable;

(b)

the manner of service proposed; and

(c) how the proposed manner of service will bring the document to the notice of the person to be served.

(5) In deciding whether it is impracticable to serve a document, the Court must consider:

(a) whether the applicant has taken reasonable steps to discover the whereabouts of the person to be served and to serve the person with the document;

(b) the means of the applicant, the likely cost to the applicant and the nature of the document to be served;

(c) whether by advertising or some other method the existence of the document is likely to come to the knowledge of the person to be served; and

(d)

any other relevant matters.

(6) In the case of an application by a worker, the Court may order that service on the employer's insurer is sufficient service on the employer.

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