Not everyone can serve legal documents. This article explains who is authorised to deliver legal documents in Australia and why using a professional process server matters.
In Australia, the rules governing who can serve legal documents vary depending on the type of document and the court in which proceedings are on foot. Understanding who is authorised to effect service is important to ensure your service is valid.
Generally, any person over 18 years of age who is not a party to the proceedings can serve legal documents. However, there are important exceptions and practical considerations:
In most jurisdictions, the person who commenced the proceedings cannot personally serve the documents on the other party. Service must be effected by a third party — typically a professional process server, a friend, or a family member (who is not a party).
The Sheriff's Office in each state can serve certain legal documents. However, as discussed in our article on process servers vs sheriffs, private process servers typically offer faster and more reliable service.
Professional process servers are experienced in effecting service in accordance with court rules and preparing the required affidavits. Using a professional process server minimises the risk of invalid service and the delays that can result.
Citiserve's process servers come from police, legal, insurance and judicial backgrounds. We understand the legal requirements for valid service in every Australian jurisdiction and provide court-compliant affidavits with every serve.
Contact us today for a fast, no-obligation quote. Australia-wide service — all capital cities and rural areas.