Process Serving

Serve Legal Document

2025 4 min read

A practical guide to serving legal documents in Australia — covering the types of documents that require formal service, the methods available, and the importance of a sworn affidavit.

Serving legal documents is a fundamental part of the Australian legal system. Proper service ensures that all parties are notified of proceedings and have the opportunity to respond. This guide covers the key aspects of serving legal documents in Australia.

Types of Documents That Require Formal Service

  • Statements of Claim and Summons
  • Subpoenas
  • Divorce Applications
  • Apprehended Violence Orders (AVOs)
  • Bankruptcy Notices
  • Statutory Demands
  • Writs and other originating process
  • Family Court documents

Methods of Service

The method of service depends on the type of document and the rules of the relevant court:

  • Personal service — physically handing the document to the person
  • Postal service — sending by ordinary or registered post (for some documents)
  • Electronic service — by email or fax (where permitted by the court rules)
  • Substituted service — an alternative method approved by the court

The Importance of a Sworn Affidavit

After service is effected, the process server must prepare a sworn Affidavit of Service. This document is filed with the court as proof that service was effected in accordance with the rules. Without a valid affidavit, the court may not proceed with the matter.

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Citiserve Pty Ltd provides professional process serving across all of Australia. Contact us for a fast, no-obligation quote.

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