397. Order for substituted serviceRead more...
If it appears to a court by sworn evidence, whether oral or by affidavit, that service cannot be promptly effected, the court may make an order for substituted service.
395. Personal service satisfies ordinary serviceRead more...
If this Act requires or permits service of a document to be effected in accordance with section 394 or by ordinary service, the document may be served in accordance with section 391.
394. Ordinary serviceRead more...
(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.
393. Service on company, registered body, incorporated association or other body corporateRead more...
(1) If the person to be served is a company within the meaning of the Corporations Act, service of a document on the person may be effected in accordance with section 109X of that Act or in accordance with subsection (4).
(2) If the person to be served is a registered body within the meaning of the Corporations Act, service of a document on the person may be effected in accordance with section 601CX of that Act or in accordance with subsection (4).
(3) If the person to be served is an incorporated association within the meaning of the Associations Incorporations Act 1981, service of a document on the person may be effected in accordance with section 48 of that Act or in accordance with subsection (4).
(4) If the person to be served is a body corporate and service is not effected in accordance with subsection (1), (2) or (3), service of a document on the person must be effected—
(a) by leaving a copy of the document at the registered office or principal place of business of the body corporate; or
(b) by sending a copy of the document by prepaid ordinary post to the registered office or principal place of business of the body corporate; or
(c) if the body corporate 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
(d) by serving a copy of the document on a representative of the body corporate within the meaning of section 334 in a manner nominated in writing by the representative.
Note
The Electronic Transactions Act 1999 of the Commonwealth or the Electronic Transactions (Victoria) Act 2000 applies to enable a document to be served electronically, including fax transmission and email, in accordance with the relevant Act.
392. Service on informant or DPPRead more...
(1) In this section—
informant includes an appellant, applicant or respondent who was the informant at first instance.
(2) If the person to be served is the informant, a document may be served—
(a) by giving a copy of the document to—
(i) the informant; or
(ii) a person representing the informant at a hearing in relation to the charge; or
(b) by sending a copy of the document by prepaid ordinary post addressed to the informant at the business address nominated by the informant under section 18; or
(c) by sending a copy of the document by fax or email addressed to the informant at the fax number or email address nominated by the informant under section 18; or
(d) by leaving a copy of the document for the informant at the informant's business address nominated under section 18 with a person who appears to work there; or
(da) if the DPP has facilities for the reception of documents in a document exchange, by delivering a copy of the document addressed to the DPP into those facilities; or
(e) in any other manner agreed between the informant and the party serving the document.
(3) If the person to be served is the DPP, a document may be served—
(a) by giving a copy of the document to a person representing the DPP at a hearing in relation to the charge; or
(b) by leaving a copy of the document at the Office of Public Prosecutions with a person who appears to work there; or
(c) by sending a copy of the document by prepaid ordinary post addressed to the Office of Public Prosecutions at the ordinary business address of the Office of Public Prosecutions; or
(d) by sending a copy of the document by prepaid ordinary post addressed to the DPP at the business address, if any, nominated by the DPP under section 172; or
(e) by sending a copy of the document by fax or email addressed to the DPP at the fax number or email address, if any, nominated by the DPP under section 172; or
(f) in any other manner agreed between the DPP and the party serving the document.
(4) If a document is delivered into the facilities of a document exchange in accordance with subsection (3)(da), 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.
Notes
1 The Electronic Transactions (Victoria) Act 2000 applies to enable a document to be served electronically, including facsimile transmission and email, in accordance with that Act.
2 Section 172 provides that the DPP may nominate an address for service of documents.
390. General rules as to serviceRead more...
Unless this Act or any other Act or the rules of court otherwise provide—
(a) if a document is to be served personally, it must be served in accordance with section 391;
(b) if a document is to be served on the informant or the prosecution, it must be served in accordance with section 392;
(c) if a document is to be served on a company, registered body, incorporated association or other body corporate, it must be served in accordance with section 393;
(d) in any other case, a document may be served in accordance with section 394.
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