The law of New South Wales should be amended so as to make lawful the service of civil process on Sunday. A substantial amount of legal process may already be lawfully served on Sunday in New South Wales. This includes all criminal process and all the process of the Federal Court of Australia and the Family Court of Australia. Adoption of the recommendations in this report will mean that, in addition to the federal process that may now be served in New South Wales on Sunday, all legal process issued under New South Wales law may be lawfully served on that day.
The recommendations may be effected by the repeal of section 41 of the Imperial Acts Application Act, 1969. In addition, as far as the District Court is concerned it would be necessary to repeal rule 4 of Part 8 of the District Court Rules which makes direct reference to service of process on Sunday.
It is desirable for the relevant statutory provision to go further than the simple repeal of section 41. The reform should spell out the lawfulness of those acts which section 41 has hitherto made void.