Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:3:p2
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 3 (pt 2/100)
Character Range: 123128–125685

A party who is unable to serve a document may apply, without notice, for an order:
 (a) to serve the document in another way; or
 (b) to dispense with service of the document, with or without conditions.
 (2) The factors the court may have regard to when considering an application under subrule (1) include the following:
 (a) the proposed method of bringing the document to the attention of the person to be served;
 (b) whether all reasonable steps have been taken to serve the document or bring it to the notice of the person to be served;
 (c) whether the person to be served could reasonably become aware of the existence and nature of the document by advertisement or another form of communication that is reasonably available;
 (d) the likely cost of service;
 (e) the nature of the proceeding.
 (3) If the court orders that service of a document is:
 (a) dispensed with unconditionally; or
 (b) dispensed with on a condition that is complied with;
the document is taken to have been served.
Note: An application under this rule is made by filing an Application in a Proceeding and an affidavit (see rules 5.02 and 5.04).

Division 2.6.2—Personal service

2.35  Personal service—general
 (1) A person serving a document personally on an individual must give a copy of the document to the person to be served.
 (2) However, if the person to be served does not take the copy of the document, the person serving it may put it down in the presence of the person to be served and tell the person what it is.
 (3) The person serving a document must not be the party on whose behalf the document is served, but the party may be present when personal service occurs.

2.36  Personal service through a lawyer
  A document is taken to be served personally on a person if:
 (a) a lawyer representing the person agrees, in writing, to accept service of the document for the person; and
 (b) the document is served on the lawyer:
 (i) in accordance with rule 2.35; or
 (ii) in another manner as agreed with the lawyer.

2.37  Personal service on a person with a legal incapacity
 (1) Despite rule 2.35, a document that is required to be served personally on a person with a legal incapacity must be served:
 (a) on the person's litigation guardian; or
 (b) if there is no litigation guardian—on a person who is entitled under subrule 3.16(2) to be the person's litigation guardian for the proceeding; or
 (c) if there is no one under paragraph (a) or (b)—on an adult who has the care of the person.
 (2) For the purposes of paragraph (1)(c), the person in charge