Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:3:p5
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 3 (pt 5/100)
Character Range: 130186–132874

the Application for Divorce is to be sent to an address in Australia—bears the correct postage for the return by post of the acknowledgment of service.

2.44  Acknowledgment of service
 (1) A person served with an Application for Divorce may acknowledge service of the Application for Divorce by an acknowledgment of service in accordance with the approved form.
 (2) An acknowledgment of service may be signed by the person on whom the Application for Divorce is served or by the person's lawyer.
 (3) If a lawyer signs an acknowledgment of service, the filing of the acknowledgment is taken to be proof of service of the document to which the acknowledgment refers on the date on which service is acknowledged.

2.45  Affidavit of service
 (1) Unless the court otherwise orders, any evidence of service of an Application for Divorce to be given (other than for acknowledgment of service) must be given by affidavit in accordance with the appropriate approved form.
 (2) If the person making an affidavit of service can give evidence relating to the identity of the person served, the evidence may be included in the affidavit of service.

2.46  Evidence of service
 (1) Subject to the court being satisfied that the identity of the person served is established, an acknowledgment of service of an Application for Divorce that is signed by the person served is evidence of service in accordance with the acknowledgment.
 (2) If the server of an Application for Divorce can identify the person served, service may be proved by evidence to that effect by the server.
 (3) If the server of an Application for Divorce can identify a photograph of the person served, and another person who knows the person served identifies the photograph as a photograph of the person served, service may be proved by evidence to that effect by the server and the other person.
 (4) If a person other than the server of an Application for Divorce saw the Application for Divorce handed to, or put down in the presence of, the person served and can identify the person served, service may be proved by evidence to that effect given by that other person.

2.47  Evidence of signature and identity of person served
  Evidence that the signature on an acknowledgment of service is the signature of the person required to be served may be given by an affidavit proving signature in accordance with the approved form.

Part 2.7—Serving documents overseas

2.48  Serving documents in New Zealand
  A person may serve a document on a person in New Zealand in accordance with the Trans‑Tasman Proceedings Act 2010 and Division 1.2.3 of these Rules.

2.49  Serving documents in all other countries
 (1) A person may