Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Where this
Act requires the service on a person of a notice, statement, or other
document or requires that a specified time elapse after such service, the
Magistrates Court, if satisfied on an application made by or on behalf of the
person required to effect service either that the person to be served is
evading service or that for any other reason service has not been and cannot
be promptly effected, may order that the requirement for service be dispensed
with upon such terms and conditions, if any, as the court thinks fit.
(2) An order under
subsection (1) shall have effect, subject to observance of its terms and
conditions, to permit any act or thing to which the order dispensing with
service relates to be done as if service had been effected or the specified
time had elapsed.
(3) An application
under this section may be made whether or not the time for service has
expired.
(4) In this section
serve includes “give”, “deliver”, or other similar or
cognate expressions.
[Section 37A inserted by No. 37 of 1980
s. 12; amended by No. 59 of 2004 s. 141.]