394. Ordinary service

394. Ordinary service

(1) Unless this Act or any other Act or the rules of court otherwise provide, ordinary service of a document is effected—

(a) by sending a copy of the document by prepaid ordinary post addressed to the person to be served at the last known place of residence or business of the person; or

(b) if the person to be served is represented by a legal practitioner, by sending a copy of the document by prepaid ordinary post addressed to the legal practitioner at the ordinary business address of the legal practitioner; or

(ba) if the person to be served is represented by a legal practitioner who has facilities for the reception of documents in a document exchange, by delivering a copy of the document addressed to the legal practitioner into those facilities; or

(c) in any other manner agreed by the parties.

Notes

1 See section 49 of the Interpretation of Legislation Act 1984 as to service by post.

2 The Electronic Transactions (Victoria) Act 2000 applies to enable a document to be served electronically, including fax transmission and email, in accordance with that Act.

(2) If a document is delivered into the facilities of a document exchange in accordance with subsection (1)(ba), the day of service of the document is taken to be—

(a) the day following the day on which it is so delivered; or

(b) if the document is delivered on a Friday, the following Monday—
or on any other day that may be proved.