An overview of the Uniform Civil Procedure Rules 2005 governing service of documents in NSW — covering personal service, substituted service, service on corporations, and service on persons under legal incapacity.
Service of legal documents in NSW is governed primarily by the Uniform Civil Procedure Rules 2005 (NSW) (UCPR). Understanding these rules is essential for anyone involved in civil litigation in NSW courts.
Personal service requires that the document be physically handed to the person to be served. Under the UCPR, personal service is effected by leaving a copy of the document with the person.
If the person refuses to accept the document, it may be left in their presence after informing them of the nature of the document.
Any person over 16 years of age who is not a party to the proceedings may effect personal service. In practice, using a professional process server ensures the service is carried out correctly and that a proper affidavit is prepared.
A corporation may be served by leaving the document at, or posting it to, the corporation's registered office. Service may also be effected on a director, secretary or other officer of the corporation.
Where personal service cannot be effected after reasonable attempts, a party may apply to the court for an order for substituted service. This allows service to be effected by an alternative method — such as by post, email, or by leaving the document at a known address.
Some documents may be served by ordinary post. Service by post is deemed to be effected on the fourth working day after posting.
Where a person is under legal incapacity (a minor or a person with a legal disability), service must be effected on their tutor or guardian.
The UCPR prescribes specific timeframes for service of originating process and other documents. It is important to comply with these timeframes to avoid your matter being dismissed or delayed.
Citiserve Pty Ltd has extensive experience serving documents in accordance with the UCPR and all other applicable rules. Our process servers understand the requirements for valid service and will ensure your documents are served correctly the first time.
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