Postal evidence rule is changing to 7 days

The postal evidence rule, which presumes when post is served on someone under the Cth Evidence Act, is changing to 7 days!

Last night, the Senate past the Civil Law and Justice Legislation Amendment Bill 2018.

Buried deep in this non-descript Bill is Schedule 5 – Amendment of the Evidence Act 1995 (Cth).

Per s 160(1) of the current Evidence Act: “it is presumed … that a postal article sent by prepaid post addressed to a person … was received at that address on the fourth working day after having been posted.”

This is changing to “the seventh working day”.

The change will come into play on the day after the Bill is given Royal Assent, which is typically in about 2 weeks times.

Be aware, and make sure to have your precedents and checklists updated!


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