Commonwealth Numbered Regulations

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FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (FAMILY LAW) RULES 2021 (F2021L01197) - RULE 2.37

Personal service on a person with a legal incapacity

             (1)  Despite rule 2.35, a document that is required to be served personally on a person with a legal incapacity must be served:

                     (a)  on the person's litigation guardian; or

                     (b)  if there is no litigation guardian--on a person who is entitled under subrule 3.16(2) to be the person's litigation guardian for the proceeding; or

                     (c)  if there is no one under paragraph (a) or (b)--on an adult who has the care of the person.

             (2)  For the purposes of paragraph (1)(c), the person in charge of a hospital, nursing home or other care facility is taken to have the care of a person who is a patient in the hospital, nursing home or care facility.



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