What is Substituted Service ?

Substituted service is a court-ordered alternative method of serving legal documents when traditional means of service are not possible or practical. This option allows a party to serve documents through non-standard channels, ensuring the legal process can proceed without unnecessary delays.

For example, in the case of a Federal Circuit Court Application for Divorce, the standard method of service requires personal delivery, where a process server physically hands the application to the respondent. However, if the applicant attempts to serve the respondent at their last known address and learns that the respondent no longer resides there—and the applicant has no other address for the respondent—they can apply for an order for substituted service. This permits the documents to be served through an alternative method when personal service is unachievable.

When applying for substituted service, you may propose alternative methods such as email, post, fax, text message, or even a Facebook message. To secure this order, the applicant must provide compelling evidence to the court that the chosen method will effectively bring the documents to the respondent’s attention. For instance, submitting recent emails or text messages from the respondent can help demonstrate that the provided email address or phone number is currently in use and likely to reach them.

Substituted service ensures that legal proceedings can advance even when traditional service methods are impractical, while maintaining fairness and upholding the principles of due process.