Childrens Court Rules 2016

This rule applies to a requirement to serve a document on a person, unless the document must be personally served on the person.

If a person is represented by a lawyer in a proceeding for which the document is being served, the document must be served on the person—

by giving it personally to the person’s lawyer; or

by sending it by post to the address of the lawyer’s place of business; or

if the lawyer for the person has—

a fax number—by faxing it to the person at that number; or

an email address—by emailing it to the person at that address; or

by leaving it with someone who—

is at the address of the lawyer’s place of business; and

is apparently an adult and apparently employed there; or

if the court approves another electronic method to send a document and the person’s lawyer has an address for service using that method—by transmitting it electronically to the lawyer at that address; or

in another way ordered by the court.

If a person is not represented by a lawyer in a proceeding for which the document is being served, a document must be served on a person in 1 of the following ways—

by personally serving the document on the person under rule 28;

by sending it by post to the person’s relevant address;

if the person provides—

a fax number—by faxing it to the person at that number; or

an email address—by emailing it to the person at that address;

by leaving it with someone who—

is at the person’s relevant address; and

is apparently an adult and apparently residing or employed there;

if the court approves another electronic method to send a document and the person has an address for service using that method—by transmitting it electronically to the person at that address;

in another way ordered by the court.

However, if a person serves a document on another person under subrule (2)(d), the person must also give the document personally to the other person at the next reasonable opportunity.

In this rule—

the address for the person stated in the person’s notice of address for service; or

if the person does not have an address for service or no longer resides at that address—the person’s last known residential address.