CAP. 179]
G.N. 234/35.
Divorce.
9. Where personal service cannot be effected, leave to substitute some other mode of service may be granted upon an application to a judge supported by affidavit of the person having conduct of the proceedings.
10. Any petition or decree may be served within or without the Colony.
11. After service has been effected a copy of the petition as served with a certificate of service endorsed thereon shall be returned into and filed in the Registry. Such certificate shall be in Form 2 in the First Schedule.
12. When it is ordered that notice to appear to a petition shall be advertised, the form of advertisement shall be settled by the Registrar and the newspapers containing the advertisements shall be filed with a sealed copy of the petition.
13. A petitioner cannot proceed to trial unless an appearance has been entered by or on behalf of the respondents or it has been shown by affidavit filed in the Registry that they have been duly served with the petition, and by certificate of the Registrar filed in the Registry that they have not appeared.
14. An affidavit of service of a petition shall be substantially in Form 3 in the First Schedule and in addition shall show the means of knowledge of the deponent as to the identity of the person served. A copy of the petition referred to in the affidavit must be annexed thereto and marked by the person before whom the same is sworn.
Appearance.
15. All appearances are to be entered in the Registry in a book provided for that purpose, and shall be accompanied by an address for service within three miles of the Registry of the Supreme Court at the Courts of Justice, Victoria. Notice of such appearance must be given to the opposite party.
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