Step-by-Step Guide for Process Serving in Family Law and Divorce Matters

When you’re ready to proceed with serving your documents, please follow these steps:

1. File Your Documents with the Court

   After filing your documents with the Court, ensure they are stamped with the Court’s seal. If filing online, you may need to upload unsealed documents first, then download the same documents with the Court’s seal applied.

2. Prepare Instruction Email/Letter to Our Firm

   Please prepare an email or letter with the following details, substituting the appropriate values:

Subject: Service Instructions for Family Law/Divorce Matter

Dear Sir/Madam,

I am the [applicant/plaintiff] [husband/wife] in the attached documents.

Kindly arrange service for the [respondent/defendant] [e.g. Mary jones].

The respondent’s home address is [e.g. 123 Ocean Road, Shoreville, Qld, 4006].

The respondent’s mobile number is [04xx xxx xxx].

Please attempt service at: home address or work address (please circle preferred address)

(Please note an additional fee will apply for attendance at second address if required)

Attached is a recent photograph of the person to be served.

Additional information to assist in service:

1. • The respondent leaves for work around [7:30 am] and returns at [4:30 pm].
   • The respondent’s workplace is [ABC Dental, Sunnybank].
   • The respondent is unaware of the filing or the documents.
   • The respondent drives a [dark blue Toyota Corolla], registration [QAE456].

My contact details are as follows:

1. • Postal Address: [e.g. PO Box 1234, Parramatta NSW 2150 or street address]
   • Mobile: [04xx xxx xxx]
   • Email: [[email protected]]

Please forward the sworn affidavit of service to my postal address and/or to my email once service is completed.

Kind regards, [John Jones]

1. Attach the Documents to Be Served

   Attach all documents to the email that need to be served. Some matters may involve a single document, while others may require a batch of documents.

2. Attach a Recent Photograph of the Person to Be Served (If Available)

   Including a recent photograph of the person being served can help avoid disputes over identity. Courts and Tribunals generally accept affidavits of service that include identification via photograph. This is particularly useful in Family Law and Divorce cases, where photos are often readily available. Social media may also be a helpful source for identification photos.

3. Send the Email with Attachments

   • If emailing, send the documents to [email protected].
   • If posting, mail the documents to our head office:
     PO Box 417 Kellyville NSW 2155.
     Please ensure that you send the sealed documents (with the Court’s stamp on the front of each document ).

4. Receive Acknowledgment Email and Invoice

   Once we receive your instructions and documents, we’ll review them. If any issues arise, we’ll contact you to resolve them. If everything is in order, we’ll send an acknowledgment email/telephone call and add your matter to our active service list. Generally, clients without an account are required to make payment upfront by credit card over the phone or by a electronic funds transfer, however if you do have an accout (most law firms)you will also receive an invoice, which can be paid via bank transfer or secure online payment. If multiple service addresses are provided, only the first address will be invoiced initially; additional invoices may be raised if we attend other addresses.

5. Receive Email Updates

   As our agents attend the service address, we’ll send you email updates to keep you informed. You will receive a final email or telephone call confirming the time and date of service once the documents have been served. Some updates may only be provided after the final attempt, especially if there’s a high volume of services.

6. Affidavit of Service

   Once payment is received (for those clients who do not have an account), we will forward the sworn affidavit of service, as required by the Court or Tribunal. This will be sent to you by mail or email depending on your wishes. Please allow up to one week after service for the affidavit to be sent. If the served documents are international, we may request that you provide a draft of the Affidavit of Service, Certificate of Service, Return of Service, or other applicable documentation for your jurisdiction. You then need to upload/file the affidavit (and acknowledgement of service if document is a divorce application) to the court via their online court portal or to their mailing address recommended by certified mail.

Let us know if you have any questions or need further assistance!