Magistrates Court (General) Rules 2005

If rules of court require a person to serve a document, the person may serve the document —

if the party has provided a fax number under rule 13(2), by sending the document by fax to that number; or

if the party has provided an email address under rule 13, by sending the document as an attachment to an email sent to that address.

A document cannot be served by email under subrule (1) if under rule 12(2) or 13A(2) it cannot be lodged electronically.

Rule 11(4) and (5), with any necessary changes, apply to a document being served by fax in the same way as they apply to a document being lodged by fax.

A document served by email that must be signed by a person is authenticated for the purposes of the Courts and Tribunals (Electronic Processes Facilitation) Act 2013 section 10 if the electronic version of the document that is served states the name of the person whose signature is required at each place where the signature is required.

A document that is served by email or fax on a person is to be taken to have been served —

if the whole document is sent before 4.30 p.m. on a working day, on that day;

otherwise, on the next working day.

Subrule (1), with any necessary changes, applies to the service by the Court of any document on a party.

This rule does not prevent a person from consenting to being served in a manner other than in accordance with rules of court.