There is a myriad of rules when it comes to service of Court documents.
Does the document need to be served personally (hand-to-hand)? Can the document be posted? Can it be emailed? What if the person’s whereabouts are unknown but they can be contacted on social media?
As a general rule all Applications filed in the Family or Federal Circuit Court must be served personally. This is usually done by engaging a process server to serve documents on the parties’ behalf. In some circumstances, depending upon the circumstances and the Court being satisfied that the other party is in receipt of the Court documents, the Court may deem that service has been effected. For example a Court may be satisfied that service by way of email and Facebook is satisfactory service.
Because the rules of service are strict or otherwise at the discretion of the Court, it is sometimes necessary to seek an order from the Court for “substituted service”. In such circumstances the Court will direct the party trying to serve the documents by a particular method of service, and upon that being done, accept tht service as being effected. For instance it may order that the party be served by posting the documents to their employer’s address or to a relative’s address.
Springwood Lawyers is able to assist you in locating the party to be served and to serve the party in accordance with the Court rules. If necessary, Springwoods Lawyers is able to make an application on your behalf for substituted service.
