Adoption Rules 1995

22. Time for service

Where a document is to be served on a person in relation to proceedings under the Act but the time in which it is to be served has not been provided for under these rules, the document is to be served within such time as the Court directs.

23. How service effected

Service of a document in proceedings under the Act other than a witness summons may be effected —

in any case, by personal service of a sealed copy of the document upon the person to be served; or

if a person has not filed a notice of address for service, by sending by prepaid post addressed to the person to be served at the person’s last known address —

a sealed copy of the document; and

an acknowledgment of receipt in the form of Form 6 of Schedule 1;

or

if a person has filed a notice of address for service —

by leaving a sealed copy of the document at the address stated in the notice; or

by sending a sealed copy of the document by prepaid post addressed to the person to be served at the address stated in the notice; or

by transmitting a facsimile of the document to a facsimile machine at the address; or

where the address includes the number of a document exchange box of the legal practitioner for the person to be served, by sealing the document in an envelope (complying with any pre‑payment requirements of the document exchange and addressed to the legal practitioner) and causing the envelope to be placed in the box;

or

in such other manner as the Court directs.

[Rule 23 amended: Gazette 29 Jan 2013 p. 334.]

24. Affidavits of service

An affidavit of service of any document in proceedings under the Act must provide evidence of —

who served the document;

the day of the week and date on which the document was served;

where and how it was served; and

if the document was served personally, the means by which the person served was identified.

25. Acknowledgment of service

A person on whom a document is served may acknowledge service of the document by an acknowledgment of service.

An acknowledgment of service must be in the form of Form 6 of Schedule 1 and may be signed by the person on whom the document was served or by the legal practitioner for that person.

If an acknowledgment of service purports to be signed by the person on whom the document was served then, unless the contrary is proved, service of the document is to be taken to have been effected in accordance with the acknowledgment.

If a legal practitioner signs an acknowledgment of service on behalf of the person on whom the document was served, the filing of an acknowledgment is to be taken as being proof that service of the document has been effected in accordance with the acknowledgment.

[Rule 25 amended: Gazette 29 Jan 2013 p. 334.]

26. Proof of certain kinds of service

If service of a document is conducted in accordance with rule 23(c)(ii) then, unless the contrary is proved, service of the document is to be taken to be effected at the time when the document would have been delivered in the ordinary course of post.

If a facsimile of a document is transmitted in accordance with rule 23(c)(iii) then service of the document is to be taken to be effected upon completion of the transmission of the document unless it is subsequently established by or on behalf of the person to be served that the document was not in fact received by a facsimile machine at the address or that the facsimile received was not legible or complete.

27. How documents to be sent by Court

A document to be sent by the Court to a person for the purposes of the Act may be sent by properly addressing and posting (by pre‑paid, first class airmail post) the document as a letter to the last known address of the person in which case, unless the contrary is proved, the person is to be taken as having received the document —

if posted to an address within Australia, at the time when the letter would have been delivered in the ordinary course of post; and

if sent overseas, 28 days after the day on which the letter was posted.

The Registrar is to ensure that a document to be sent to a person by the Court for the purposes of the Act is sent in a sealed envelope which is marked “Private and Confidential”.