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Commencing proceedings continued (Alternative procedure under Pt 8…
Commencing proceedings continued
Method of service and deemed date of service of other documents
DX: 2nd day after it was left with, delivered to or collected by relevant service provider provided that day is a business day; or if not, the next business day after that day.
Delivering document to/leaving it at permitted address: If it is delivered to/left at permitted address on a business day before 4.30pm on that day; or in any other case, on the next business day after that day.
First class post (or other service which provides for delivery on the next business day): 2nd day after posted, left with, delivered to or collected by relevant service provider provided that day is a business day; or if not, the next business day after that.
Fax: If transmission of fax is completed on a business day before 4.30pm on that day; or in any other case, on the next business day after the day on which it was transmitted.
Other electronic method: If the e-mail or other electronic transmission is sent on a business day before 4.30pm on that day; or in any other case, on the next business day after the day on which it was sent.
Personal service: If the document is served personally before 4.30pm on a business day, on that day; or in any other case, on the next business day after that day.
Filing documents
Filing is effective when the documents are delivered through the Court's letterbox
Limited electronic filing by email is now possible.
Alternative procedure under Pt 8
Used: Where rule, PD requires or otherwise, where there is unlikely to be a substantial dispute of fact
Special claim form (N208) must state:
That Pt 8 applies;
Q which C wants the court to decide or the remedy which C seeks and legal basis for that;
If claim is made under an enactment, what that enactment is;
If C suing under a representative capacity, what capacity that is;
If D is suing under a representative capacity, what capacity that is.
No PoC
Issues and served in same way as Pt 7
D should acknowledge service within 14 days and file written evidence at the same time. Must serve on C and any other party.
Acknowledgment must state: 1) whether D contests claim; and 2) If D seeks different remedy from that stated in claim form, what that remedy is
C may file and serve further evidence within further 14 days. Must serve on D and any other party.
No written evidence may be relied upon at the hearing, unless it has been served or the court gives permission. Court may require/permit oral evidence to be given at the hearing. The court may give directions requiring a witness who has given written evidence to attend for cross-examination.
Parties may apply to the court for extension of time to serve and file evidence or to serve and file additional evidence
Parties may agree to extension of time to file and serve evidence
Agreement extending time for D limited to 14 days and must be filed with Acknowledgement of service.
Extension of time for C's further evidence cannot be for more than 28 days after service of D's evidence.
Case automatically allocated to multi-track, but may be moved later
Where D fails to file acknowledgement of service within time allowed, D may attend the hearing of claim but may not take part unless the court gives permission
Where Pt 8 used:
D is not required to file a defence, so rules about statement of case do not apply, rules about defences and replies do not apply, any rule that requires D to file a defence before taking any step does not apply and the D does not need to be served with a N9 Defence Form
C cannot obtain judgment on an admission