Manner and time of service when not personal
144 Manner and time of service when not personal
A document which is not required to be served personally is sufficiently served on a person if it is – left at the person's address for service on a day on which the registry in which the cause or matter is proceeding is open; or posted to the person at the person's address for service; or communicated to the person using a postal address, document exchange address, email address or facsimile number given by the person pursuant to rule 79.
If a document is required by these rules to be delivered to a person, it is sufficient if it is served in accordance with subrule (1).
A document is taken to be served or delivered – if sent by post, at the time when the document would be delivered in the ordinary course of post; or if communicated using a document exchange address, on the first day that the registry in which the cause or matter is proceeding is open following the day of delivery to the document exchange; or if communicated using an email address or facsimile number – at the time of communication if the communication occurs during the hours specified in rule 20(1) (office hours); or at the commencement of office hours following the time of communication if the communication occurs outside office hours.
A document served or delivered by email or facsimile transmission is to be accompanied by a document stating each of the following:the name of the person transmitting the document; the name of the person to whom the document is being transmitted; a brief description of the document being transmitted; the date and time of transmission; that the document is being served or delivered pursuant to this rule.
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