Document ID: chunk:federal_register_of_legislation:F2023C00085:front:0:p24
Version: federal_register_of_legislation:F2023C00085
Segment Type: other
Provision Reference: 
Character Range: 57552–60074

attempt to serve the document; and
 (b) whether it is likely that the steps that have been taken have brought the existence and nature of the document to the attention of the person to be served; and
 (c) whether the person to be served could become aware of the existence and nature of the document by means of advertising or another means of communication that is reasonably available; and
 (d) the likely cost to the party serving the document, the means of that party and the nature of the proceedings; and
 (e) any other relevant matter.

6.16  Failure to comply with condition
  Failure to comply with a condition of an order for substituted service does not prevent the Court from finding that the document is taken to have been served on a date specified in the order.

Division 6.5—Time for service

6.17  General time limit
  Unless the Court otherwise orders, a document must not be served more than 12 months after it is filed.

6.18  Time for service of subpoena
  A subpoena must be served within 3 months after it is issued.

6.19  Time for service of applications
  Unless the Court orders otherwise, an application and any document filed with it must not be served:
 (a) less than 3 days before the day fixed for the hearing of an application in a proceeding; or
 (b) less than 7 days before the day fixed for the hearing of any other application.

Part 7—Amendment

7.01  Power to amend
 (1) At any stage in a proceeding, the Court or a Registrar may allow or direct a party to amend a document (other than an affidavit) in the way and on the conditions the Court or the Registrar thinks fit.
 (2) Subject to rule 7.03, the Court or a Registrar may allow an amendment even if the effect would be to include a cause of action arising after the proceeding was started.

7.02  Who may be required to make an amendment
  If the Court orders an amendment to be made to a document, the Court may order a party, a Registrar, a Judge's associate or another appropriate person to make the amendment.

7.03  Amendment after limitation period
 (1) This rule applies if an application for leave to make an amendment is made after the end of a relevant period of limitation current at the date the proceeding was started.
 (2) The Court may give leave to make an amendment correcting the name of a party, even if it is alleged that the effect would be to substitute a new party, if:
 (a) the Court considers it appropriate; and
 (b) the Court is satisfied that the mistake sought to be corrected was genuine and was