Text as at 1 July 2026

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394 Ordinary service

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(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

(ab)if the document relates only to a traffic camera offence, by sending a copy of the document by prepaid ordinary post addressed to the person to be served at a post office box address nominated by the person; or

S. 394(1)(ab) inserted by No. 55/2014 s. 117.

(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.

See section 49 of the Interpretation of Legislation

1Act 1984 as to service by post. The Electronic Transactions (Victoria) Act 2000

2applies 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.