Mode of service
135 Mode of service
A notice required or authorised by this Act to be served on any person or any notice served on any person under any instrument or agreement that relates to property may be served on that person —
by delivering the notice to him personally;
by leaving it for him at his usual or last known place of abode, or if he is in business as a principal, at his usual or last known place of business;
by posting it to him as a letter addressed to him at his usual or last known place of abode, or if he is in business as a principal, at his usual or last known place of business; or
in the case of a corporation by leaving it or by posting it as a letter addressed in either case to the corporation at its registered office or principal place of business in the State.
A notice posted as provided in subsection (1A) shall be deemed to have been served, unless the contrary is shown, at the time when by the ordinary course of post the notice would be delivered.
If the person is absent from the State, the notice may be delivered as provided in subsection (1A) to his agent in the State.
If the person is deceased, the notice may be delivered as provided in subsection (1A) to his personal representative.
If the person is not known, or is absent from the State and has no known agent in the State or is deceased and has no personal representative, the notice shall be delivered in such manner as may be directed by an order of the Court.
Notwithstanding anything in the foregoing provisions of this section, the Court may in any case make an order directing the manner in which any notice is to be delivered, or dispensing with the delivery thereof.
This section does not apply to notices served in proceedings in the Court, or to notices served pursuant to the provisions of the Transfer of Land Act 1893.
This section applies unless a contrary method of service of a notice is provided in the instrument or agreement.
[Section 135 amended: No. 19 of 2010 s. 51.]
First Schedule — Adopted Acts ceasing to have effect
[s. 4(a)]
[Heading amended: No. 19 of 2010 s. 26(2).]
Reference to Acts | Subject or Title |
|---|---|
8 and 9 Vic. Cap. 106 Adopted by 12 Vic. No. 21 | An Act to amend the Law of Real Property. |
8 and 9 Vic. Cap. 119 Adopted by 12 Vic. No. 21 | An Act to facilitate the Conveyance of Real Property. |
8 and 9 Vic. Cap. 124 Adopted by 12 Vic. No. 21 | An Act to facilitate the granting of certain Leases. |
22 and 23 Vic. Cap. 35 Adopted by 31 Vic No. 8 | An Act to further amend the Law of Property and to relieve Trustees. |
23 and 24 Vic. Cap. 38 Adopted by 31 Vic. No. 8 | An Act to further amend the Law of Property. |
23 and 24 Vic. Cap. 145 Adopted by 31 Vic. No. 8 | An Act to give to Trustees, Mortgagees and others certain Powers now commonly inserted in Settlements, Mortgages and Wills. |
Second Schedule — Acts repealed
[s. 4(b)]
[Heading inserted: No. 19 of 2010 s. 26(3).]
Reference to Act | Subject or Title | Extent of Repeal |
|---|---|---|
2 Gul. IV No. 7. | Real Property Transfer Act 1832. | The Whole. |
7 Vict. No. 4. | Freehold Estates Conveyancing Act 1843. | The Whole. |
42 Vict. No. 1. | The Partition Act 1878. | The Whole. |
42 Vict. No. 2. | Contingent Remainders Act 1878. | The Whole. |
54 Vict. No. 8. | The Apportionment Act 1891. | The Whole. |
60 Vict. No. 3. | Powers of Attorney Act 1896. | The Whole. |
1 & 2 Edw. VII No. 29 as amended by Act No. 26 of 1922. | Light and Air Act 1902‑1922. | The Whole. |
No. 63 of 1912. | Landlord and Tenant Act 1912. | The Whole. |
No. 36 of 1935 as amended up to and including Act No. 39 of 1964. | Supreme Court Act 1935‑1964. | Subsections (3), (4), (5), (7) & (8) of section 25. |
No. 60 of 1960 as amended by Act No. 85 of 1962. | Simultaneous Deaths Act 1960‑1962. | The Whole. |
No. 83 of 1962. | Law Reform (Property, Perpetuities and Succession) Act 1962. | The Whole. |
Third Schedule — Implied covenants
[s. 45(1)]
[Heading inserted: No. 19 of 2010 s. 26(4).]
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