Court Documents – Service

Court documents, such as a statement of claim and a subpoena, need to be personally served on the other parties [see: UCPR 10.20] so that these documents can come to their attention.

The Uniform Civil Procedure Rules 2005 [see: UCPR 10.21] explain how personal service can be effected generally. Usually it requires that a copy of the document be left with the relevant person. If that person does not accept the document then place it in that person’s presence and tell them the nature of the document. In some cases personal service is not practicable and an application can be made to the court for substituted service. An example of this was a case involving service on a Facebook page as done in Mothership Music Pty Ltd v Darren Ayre (trading as VIP Entertainment & Concepts Pty Ltd) and Flo Rida (also known as Tramar Dillar) [2012] NSWDC 42, in accordance with rule 10.14.

Our Principal Solicitor has advised and acted for a number of clients who needed to bring an application for substituted service because of difficulties in serving the other side. Let us help you understand your obligations as to service and if personal service is impracticable we can help you make an application for substituted service.

Our firm is committed to helping you personally serve the other party to your dispute with all relevant court documents and we aim to do so with competence and trust whilst all the while remaining accessible to you as our client. With more than 10 years’ worth of experience in providing litigants in Sydney with legal advice and services in respect of effectively serving other parties we should be in a position to help you comply with the requirements of the court rules regarding service.

Let Us Help You:-

  • understand how your court documents need to be served on the other party
  • arrange for a process server to attend service on the other party
  • prepare an affidavit as to service
  • apply for substituted service where personal service is impracticable

* This content does not purport to give legal advice. Readers must obtain their own legal advice, that applies to the particular circumstances of their case, before taking any action at all.