Can summons in australia be served by registered mail
In Australia, the rules regarding service of summons by registered mail are governed by the relevant state or territory's Civil Procedure Act or Rules.
In general, the Australian courts have held that service of a summons by registered mail is not sufficient to constitute valid service, unless the court has specifically authorized it.
However, some states and territories have specific provisions that allow for service of a summons by registered mail in certain circumstances.
Here are some examples:
- In New South Wales, the Civil Procedure Act 2005 (NSW) allows for service of a summons by registered post, but only if the defendant has consented to service in this manner (s 11(2)).
- In Victoria, the Supreme Court of Victoria's Practice Note SC Gen 5 allows for service of a summons by registered post, but only if the defendant has a fixed address in Victoria and the summons is sent to that address (paragraph 5.1).
- In Queensland, the Civil Proceedings Act 2011 (Qld) allows for service of a summons by registered post, but only if the defendant has a fixed address in Queensland and the summons is sent to that address (s 64(2)).
- In Western Australia, the Supreme Court of Western Australia's Practice Direction 1 of 2019 allows for service of a summons by registered post, but only if the defendant has a fixed address in Western Australia and the summons is sent to that address (paragraph 1.2).
It's important to note that even if a state or territory allows for service of a summons by registered mail, the court may still require additional evidence to prove that the summons was served on the defendant.
In general, it's recommended that you consult with a lawyer or check the relevant state or territory's laws and court rules to determine the specific requirements for serving a summons in Australia.