Part 6 – Service of other Documents

Who is to serve documents other than claim form

6.1

1. Subject to paragraph (2) any judgment or order which requires service must be served by the court, unless –
   1. a rule provides that a party must serve the document in question; or
   2. the court orders otherwise.
2. The following orders must be served by the party obtaining the order
   1. a freezing order under rule 17.1(f);
   2. an injunction;
   3. any order listed in rule 17.1 (c),(d),(k) or (l);
   4. an order under rule 17.1(g); and
   5. a search order under rule 17.1(h).
3. Any other document must be served by a party, unless –
   1.  a rule otherwise provides; or
   2. the court orders otherwise.

Method of service

6.2

If these Rules require a document other than a claim form to be served on any person it may be served by any of the following methods –

1. any means of service in accordance with Part 5;
2. leaving it at or sending it by prepaid post to any address for service in accordance with rule 6.3(1);
3. if rule 6.3(2) applies by FAX; or
4. other means of electronic communication if this is permitted by a relevant practice direction;
   unless a rule otherwise provides or the court orders otherwise.

Address for service

6.3

1. Documents must be delivered or posted to a party at any address for service within the jurisdiction given by that party.
2. If a party’s address for service includes a FAX number, documents may be sent by FAX to that number.
3. If a party to be served has not given an address within the jurisdiction at which documents for that party may be served, documents must be served at the address indicated in rule 6.4.

Permitted place of service

6.4

1. If no address is given for service the document may be served by leaving it or posting it at or to –
   1. in the case of a firm or partnership – either –
      1. the principal or last known address of the firm or partnership or any place where the firm or partnership carries on business and which has a real connection with the claim; or
      2. the usual or last known place of residence of one of the partners;
   2. in the case of an individual – that person’s usual or last known place of residence;
   3. in the case of a proprietor of a business – that person’s –
      1. usual or last known place of residence; or
      2.  place of business or last known place of business; or
   4. the business address of any legal practitioner who purports to act for the party in the proceedings.
2. The provisions of Part 5 may be applied to such a document as if it were a claim form.

Service of documents on person who is not a party

6.5

If the court or a party is to serve documents on a person who is not a party, such documents must be served by one of the methods specified in Part 5.

Deemed date of service

6.6

1. A document which is served within the jurisdiction in accordance with these Rules is deemed to be served on the day shown in the following
   table –

   Method of Service Post Registered Post	Deemed date of service 14 days after posting 10 days after the date indicated on the Post Office or courier receipt
   Leaving document at a permitted addressFax	The day after leaving the document (a) If it is transmitted on a business day before 4 p.m. – the day of transmission. (b) In any other case – the business day after the day of transmission.
   Other electronic method of service	The business day after the day of transmission.

2. Any document served after 4 p.m. on a business day or at any time on a day other than a business day is treated as having been served on the next business day.
3. In this rule “business day” means any –
   1. day other than a Saturday, Sunday or Bank Holiday; or
   2. other day on which the court office is closed;
      and is to be determined by reference to the relevant enactment of the Member State or Territory in which the document is to be served.

Proof of service 

6.7

If proof of service of any document is required, it may be proved by any method of proving service set out in Part 5.

Power of court to dispense with service

6.8

1. The court may dispense with service of a document if it is appropriate to do so.
2. An application for an order to dispense with service may be made without notice.

Service of notices, etc. on Attorney General 

6.9

1. This rule applies where any document has to be served on the Attorney General of any Member State or Territory in connection with any proceedings of which notice has to be given to the Attorney General and where express provision as to service is not made by any enact­ment or rule.
2.  Any such document must be served in accordance with rule 59.2.