Paragraph 109 Evidence of intimation

Where intimation is made by advertisement under paragraph (6)(a) or (12)(a) of rule 107, a copy of the page on which the advertisement was published is to be lodged with the court as soon after the advertisement has appeared as is reasonably practicable, and such copy is sufficient evidence of intimation provided that it contains the name of the newspaper and the date of publication.

In relation to intimation effected in accordance with rule 107(3)(a) or ordered by the court to be effected by a postal service the relevant receipt of the postal service for a delivery certified by the Principal Clerk (or otherwise proved) to have contained a true copy of the application or thing intimated is sufficient proof of intimation having been effected at the time at which the delivery would ordinarily have taken place.

In relation to intimation effected in accordance with rule 107(3)(b), a certificate by the Principal Clerk that a copy of the item requiring intimation was left at the document exchange for the recipient on the date of certification is to be taken to be sufficient proof of intimation having been effected no later than the end of the next day on which the item would ordinarily have been available for collection by the recipient.

In relation to intimation effected in accordance with rule 107(3)(c), a certificate by the Principal Clerk that a copy of the item requiring intimation was sent to the recipient’s email address on the date of certification is to be taken to be sufficient proof of intimation having been effected no later than the end of the next day following the date of transmission.

Intimation is to be taken to have been made to the person to whom it was intended to be made if it was addressed to the person at the last known residence, place of business or email address of the person (unless it is proved that it was not made to the person).