Judicature Act 1908

6.6 Service by means of post office box, document exchange, fax, or email

• (1) When a document is served on a party or person in accordance with rule 6.1(d)(i) or (ii), that document must,—

  • (a) if posted to a post office box address, be treated as served on the earlier of—

    • (i) the third working day after the day on which it was posted; or

    • (ii) the day on which it was received; and

  • (b) if left at a document exchange, be treated as served on the earlier of—

    • (i) the second working day after the day on which it was left; or

    • (ii) the day on which it was received.

  (2) A document served on a party or person in accordance with rule 6.1(d)(iii) must—

  • (a) be treated as dispatched at the time the electronic communication first enters an information system outside the control of its originator; and

  • (b) be treated as received,—

    • (i) in the case of a party who has designated an information system for the purpose of receiving electronic communications, at the time the electronic communication enters that information system; or

    • (ii) in any other case, at the time the electronic communication comes to the attention of the party or person being served, or the solicitor or other agent of that party or person.

  (3) When a document is transmitted electronically on a day that is not a working day, or after 5 pm on a working day, it must be treated as served on the first subsequent working day.

  (4) When a document is served electronically under this rule, the party or person served must, on receiving the document, immediately give to the person who served the document, or that person’s solicitor or agent, an acknowledgement in writing or electronically—

  • (a) that the document has been received; and

  • (b) of the date and time of receipt.

  (5) In this rule, information system means a system for producing, sending, receiving, storing, displaying, or otherwise processing electronic communications.

  Compare: 1908 No 89 Schedule 2 r 206A