New South Wales Consolidated Regulations
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UNIFORM CIVIL PROCEDURE RULES 2005 - REG 10.12
Service of process on person under legal incapacity
(cf SCR Part 63, rule 15)
(1) This rule applies to any proceedings in which a
document is required to be served personally on a
person under legal incapacity.
(2) Personal service on a
person under legal incapacity may not be effected otherwise than in accordance
with this rule.
(3) If the person under legal incapacity has a tutor in the
proceedings, the document may be served on the tutor.
(4) The document may be
served on any person (including the person under legal incapacity) whom the
court may, before or after service, approve.
(5) If the person to be served
is a minor and has no tutor in the proceedings, the document may be served--
(a) on the person, but only if the person is aged 16 years or more, or
(b) on
a parent or guardian of the person, or
(c) if the person has no parent or
guardian, on a person with whom he or she resides or in whose care he or she
is.
(6) If the person to be served is a protected person (within the meaning
of the NSW Trustee and Guardian Act 2009 ) and has no tutor in the
proceedings, the document may be served-- (a) if the person has a manager in
respect of his or her estate, on the manager, or
(b) if the person does not
have a manager, on a person with whom he or she resides or in whose care he or
she is.
(7) Subject to subrule (8), a document served pursuant to this rule
must be served in the manner required by these rules in relation to documents
of the same kind.
(8) In addition to any other service required by these
rules-- (a) a judgment or order requiring a person under legal incapacity to
do, or refrain from doing, any act, and
(b) a notice of motion for the
committal of a person under legal incapacity, and
(c) a subpoena addressed to
a person under legal incapacity,
must be served personally on the person.
(9)
Subrule (8) does not apply to an order for interrogatories or for discovery or
inspection of documents.
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