Citiserv Process Servers

Who is authorized to deliver legal documents in Australia? 

A comparison between friends and family, bailiffs, and private process servers. 

To initiate a legal matter in a Court, the Applicant must prepare and file an “originating process.” This is the first step in starting legal actions such as: 

• Civil claims 

• Debt recovery claims 

• Enforcement proceedings 

• Family Law issues (e.g., divorce, property settlements, parenting orders) 

While many individuals choose to hire a lawyer to assist with preparing their originating process, others may decide to tackle this step independently, especially if their legal issue is straightforward and they feel confident in completing the required paperwork correctly. 

Once filed, the Court will stamp the documents, creating what are known as “sealed copies.” These sealed copies must then be served to the other party involved in the case (the Respondent or Defendant). 

Most originating processes, particularly Family Law applications like divorce and parenting orders, require that the documents be delivered directly to the Respondent. An affidavit of service must be provided to the Court as proof of proper service. 

For those who have prepared and filed their own originating processes, the next decision is how to serve the sealed documents and obtain proof of service to the other party. 

In Australia, there are three primary methods to serve legal documents on an individual, each with its own considerations. This blog post examines your options if you need to serve legal documents personally. 

Via Friends or Family 

In most Australian states, you need to be a licensed process server to personally deliver Court documents. You cannot serve your own paperwork; a third party must do it. 

The only exception is for divorce documents, where you can utilize a friend or family member to serve the papers on your behalf. 

The individual serving the Application for Divorce cannot be the party on whose behalf the documents are being served (Family Law Rule 2.35). Thus, even in amicable divorce situations where your ex-partner expects the documents, you cannot serve them yourself. 

You can ask a trusted friend or family member to deliver the divorce papers and obtain the necessary signed Acknowledgment of Service. However, complications may arise if the recipient refuses to sign. 

Once the Application for Divorce is served, the server must complete an Affidavit of Service by Hand (Divorce). This Affidavit and any signed Acknowledgment of Service must be signed before the same Justice of the Peace and then filed with the Court. 

If you are unable to personally serve an individual with your originating process (whether it’s a Divorce Application or another type), you may need to seek orders from the Court for alternative service methods. These could include delivering the documents by post, email, text message, or to another person on their behalf. This procedure is referred to as applying for substituted service orders. To support this application, you must prepare and file affidavit(s) that outline: 

• The reasons you could not personally serve the recipient; 

• Alternative methods for bringing the documents to the recipient’s attention; and 

• Evidence that using these alternative methods will effectively serve the documents. 

Completing this additional paperwork can add unnecessary stress and time to an already challenging situation. Therefore, if you anticipate difficulties in personally serving your documents, it may be wise to consider a professional option instead. 

Via a Bailiff 

A bailiff is an individual appointed by the Court to serve papers and enforce its judgments and orders. You can arrange for a bailiff to serve your legal documents through your local courthouse, which can alleviate much of the stress involved in the process. The bailiff will make all reasonable attempts to serve your paperwork. However, keep in mind that when you engage a bailiff, your request enters a “queue” behind others, and depending on the courthouse’s workload, it might take several months for action on your request. 

If your legal issue is time-sensitive, this delay could be a significant concern. For instance, an Application for Divorce must be served at least 28 days before the first Court date. Therefore, if you need the documents served within a short timeframe, using a bailiff may not be the best option for you. 

Via a Private Process Server (Field Agent) 

In contrast to a bailiff, a private process server is a licensed individual who operates independently and can be hired through a process serving agency. Most private process servers work 6 to 7 days a week, including evenings and weekends, ensuring that they attempt to serve your documents when the recipient is likely to be home. 

Process servers dedicate significant effort to locating recipients as their reputation is crucial for future work. They can also conduct further investigations to find recipients if their address is unknown, such as checking their workplace or common public locations. Many reputable process serving agencies guarantee successful document delivery within a much shorter timeframe than bailiffs—sometimes even within 24 hours. 

Many process servers have backgrounds in law enforcement or the military, equipping them to remain composed in confrontational situations. They are skilled in de-escalation techniques and are knowledgeable about trespass and privacy laws. 

After a process server successfully delivers your documents, you will receive a proper affidavit of service, which you can file with the court to move forward with your legal proceedings. This ensures that your legal matters will proceed without delays. 

Do you have documents that need to be served promptly?  

Feel free to reach out to Citiserv Process Service at (M) 0426 546 095 (Quotes) or (02) 9538 0839 (Admin) or by completing the form on this page. We are here to answer any questions or address any concerns you may have. 

We look forward to assisting you in any way possible, including accommodating special requests. No matter where you are in Australia or overseas, you deserve top-notch service, so choose Citiserv Process Service today.