The term ‘service’ refers to the process of providing a copy of a filed court document on the party who is a respondent to those proceedings. It is usually a simple step, but when done incorrectly the consequences can be significant as proceedings cannot progress unless the Court is satisfied that all parties are aware that they are occurring.

How do I serve someone?

The method in which service is to be effected to satisfy the Court appropriately is determined by the type of court document which is to be served – in the Federal Circuit and Family Court of Australia a court document may require either ‘personal service’ or 'ordinary service’.

What is personal service?

Personal service of a court document refers to when a person is physically, personally handed a copy of that document and appropriate documentation, such as an Affidavit of Service completed by the person who served the document (the “server”), is subsequently filed with the Court detailing the encounter and how the server identified the person being personally served.

Depending on the particulars of the matter, personal service may be able to be effected in some other way. For example, where a solicitor has confirmed they are acting on behalf of the person to be served and that solicitor has confirmed that their client has given them instructions to accept service of that document then the document may be served on the solicitor via email.

Personal service, as compared with the less formal ordinary service, is generally reserved for court documents which are filed in order to initiate or begin the proceedings (e.g. an Initiating Application or Application for Divorce), or where the document is a subpoena which requires a person to appear in Court to give evidence.

Who can effect personal service?

Personal service can be effected by any person who is over 18 years of age and is not a party to the proceedings. Often, parties may consider engaging a process server (being a licensed agent) who will personally serve the documents for a fee.

What is ordinary service?

Ordinary service may be used for all court documents which are filed subsequent to the proceedings being commenced (subject to any Order of the Court), and can be effected by email, post or personal service.

What if I am having difficulties effecting service?

Effecting service can often be difficult where there are complicating factors, such as:

• the person to be served is located overseas, or their location is unknown;
• the person to be served is incarcerated; or
• the person to be served is purposefully evading service.

In some circumstances, you may consider seeking from the Court either an Order for substituted service (such as service being effected via social media) or in exceptional circumstances, an Order for dispensation of service (meaning the Court no longer requires you to serve the document).

If you are having difficulties in effecting service and would like assistance with effecting service, engaging a process server or applying to the Court for an alternative order for service, our firm can assist.