Magistrates Court (General) Rules 2005

If the appellant cannot serve on another party the documents lodged under rule 26(1), a magistrate may, on application made by the appellant —

order that the appellant may take whatever steps are set out in the order to bring the matter to the attention of the other party; or

if it is appropriate in the circumstances, order that the requirement for service be dispensed with altogether.

An application for an order under subrule (1) —

is not required to be served on any other party; and

may be dealt with in the absence of the parties.

If a magistrate makes an order under subrule (1)(a) —

the magistrate may order that the documents are to be taken to have been served on the happening of any event specified in the order, or on the expiry of any period specified in the order; and

when the steps set out in the order have been taken, the appellant must lodge an affidavit of service completed by the person who has taken those steps and stating —

what steps were taken; and

when those steps were taken; and

who took those steps.

If a magistrate makes an order under subrule (1), the magistrate may make whatever directions are necessary or desirable with respect to the listing of the appeal for hearing and the notification of the parties.