6.7.3 Proof of Service

Context

The Registrar may need to provide proof of service of a notice.

Description

There are 2 ways in which effective service of a notice can be proved:

  • by ensuring the notice has come to the attention of the person being served, or
  • by deemed receipt through service by post or delivery.

If a notice is personally served, an affidavit should be prepared. The affidavit should detail the date, time, place and persons involved. It should also record any conversation between the server and the recipient of the notice.

If postal service is used, a record should be made concerning addressing, prepaying and posting the letter. These details can be included in an affidavit if required.

If a notice is served by facsimile, the arrangement made with the recipient concerning service should be recorded. A record of the transmission of the facsimile should also be retained.

If a notice is served by electronic communication, a record should be retained concerning the form, destination and time of sending of the communication.

Last reviewed: 7 November 2016