Australia Process Service

Australia Process service, also known as "service of process,” is the procedure employed to give appropriate notice of initial legal action to another party (such as a defendant), court, or administrative body to exercise jurisdiction over that person to enable that person to respond to the proceeding before the court, body, or other tribunals. Notice is furnished by delivering a set of court documents (called "process") to the person to be served; a process server performs process service. Click here for How the Hague Convention Simplifies International Process Service.

Australia PROCESS SERVERs

Australia process servers serve civil and commercial matters under the Hague Service Convention, a multilateral treaty adopted in Hague, Netherlands, on November 15, 1965, by member states of the Hague Conference on Private International Law. It came into existence to give litigants a reliable and efficient means of serving the documents on parties living, operating, or based in another country. The convention's provisions apply to the service of process in civil and commercial matters but not criminal matters. Also, the Convention shall not apply if the address of the person served with the document is unknown. Click Here for Frequently Asked Questions About Process Servers!

Method of Service

New South Wales:

The documents are served on a person using personal service by the Sheriff of New South Wales at the request of the Supreme Court of New South Wales.

Personal service of a document on a person is affected by leaving a copy of the document with the person or, if the person does not accept the copy, by putting the copy down in the person's presence and informing the person of the fact that the document has been so placed. If the person is not at home, personal service is affected by leaving the documents addressed to the person, with a person who is apparently of or above the age of 16 years residing at that address. Suppose a person has an address for service that is a solicitor's office address. In that case, service is attempted at the solicitor's office by leaving the documents with a person employed at that address.

Service of a document on a Corporation is effected by personally serving the document on the Corporation in any manner in which service of such a document may, by law, be served on the Corporation.

Service of a document on a prisoner or an inmate is effected by leaving the document with the General Manager of a Correctional Centre where the prisoner or an inmate is held.

Note: Request for service to a Post Office Box number, DX number, or service transmission of documents electronically is not accepted in New South Wales.

Voluntary or informal delivery of documents (Article 5(2)) is carried out in the same manner as above.

Victoria:

As above for New South Wales. A Sheriff's Officer, detailing whether service has been successful or not, completes an affidavit of service. This indicates how the addressee was identified or why the service could not be affected. All relevant documents are returned to the Foreign Service Officer for completing the Certificate of Service. Documents are then returned to the Applicant.

If the requesting authority has stipulated they require voluntary service to be affected, the process is carried out in the same manner as above. However, the addressee may refuse to accept the documents when served by a Sheriff's Officer using this method. This is reflected in the affidavit, which was returned to the Court and deemed unsuccessful. Documents are then returned to the Applicant.

Queensland:

If the request complies with the Convention, service is effected by a court bailiff or an enforcement officer.

Personal service on an individual is affected by locating the person to be served and identifying them, generally by asking about their identity and then giving them the documents to be served.

Suppose service of the documents is required on a corporation. In that case, service will ordinarily be attended to by delivering the documents and leaving them with a person at the corporation's registered address.

Suppose service of the documents is required on a business that is not a registered corporation. In that case, service is affected by delivering the documents and leaving them with a person at the business address who appears to be in control or management.

Please note that service cannot be affected by sending documents to or leaving them at a Post Office Box address.

Voluntary service is carried out by either a court bailiff or an enforcement officer. The bailiff or enforcement officer will locate the person to be served, identify them (by asking them to confirm their name), and then ask if they will voluntarily accept the service of the documents. If so, the documents or a copy will be left with that person.

Please note that Voluntary Service cannot be effected on a Post Office Box address.

Western Australia:

Official service is carried out under the Supreme Court Rules 1971 (WA) under Order 11A.

If these requirements are met, the request is processed through the Supreme Court and passed to the Sheriff to organize personal service.

Upon receipt, the Sheriff will organize for one of his Officers to effect service, and when service is effected, an Affidavit will be completed by the Sheriff's office. This Affidavit is forwarded to the Supreme Court, and upon receipt, the Principal Registrar produces the Certificate of Service of Foreign Process, which is signed and sealed. Attached to that certificate are the Sheriff's Affidavit and annexes, the documents served. These documents are then forwarded to the State Solicitor's Office. Upon receipt, the State Solicitor's Office transmits that Certificate, Affidavit, and annexures to the requesting authorities. A notation and request are also made about payment of service fees, which are paid in advance by the State Solicitor's Office.

The process for voluntary service is the same as above, apart from the fact that, in some instances, no documentation translation is provided apart from the original request. If that is the case, voluntary service will be carried out if the person being served is happy to accept the documentation. The Sheriff's Officer prepares An Affidavit of Service, annexing the document served.

The Principal Registrar of the Supreme Court of Western Australia will produce a Certificate for documents that are not translated. Still, he cannot certify what has been delivered other than a document in a foreign language.

South Australia:

The documents are transferred to the Sheriff, who arranges for the documents to be forwarded to the Process Server. The Process Server will attend the address shown and attempt to serve the documents. If successful, an affidavit of service would be completed.

If the person is no longer at the stated address, inquiries would be made with neighbors to try to ascertain the current address. The Process Server would follow specific instructions relating to the service of the documents as provided by the applicant. For example, they require the signature of the recipient. If the applicant has requested a particular service method compatible with the law in force in this jurisdiction, that method would be used.

Voluntary service

There are no recent precedents in South Australia.

Tasmania:

If the applicant has requested a particular method of service and that method is compatible with the law in force in Tasmania, service will be by that method (Supreme Court Rules 2000 (Tas), r.9700 (3)(b)).

If the applicant has not requested a particular method of service and the person accepts the document voluntarily by delivery of the document to the person to be served (Supreme Court Rules 2000 (Tas), r.9700 (3)(c)).

Unless a specific method of service is directed, a notice or document may be served on a natural person by giving it to the person or leaving it at or posting it to that person's residential or business address. A document may be served on any other person by leaving it at or posting it to their principal, registered office, or principal place of business. (Acts Interpretation Act 1931 (Tas), s.29AB).

Where service by post is permitted, it shall be deemed to be effected by properly addressing, prepaying, and posting the documents as a letter. Further, unless the contrary is proved, service shall be considered to be caused when the letter is delivered in the ordinary course of post. A document required to be sent through registered post must be duly registered or, unless the contrary intention appears, be sent through a certified mail service as provided by postal regulations. (Acts Interpretation Act 1931 (Tas), s.30)

Australian Capital Territory:

The service request must be sent to the ACT Supreme Court by the Attorney General of the Commonwealth or forwarding authority. The Court arranges for the service of the document to be served, the summary of the document, and a copy of the service request (Court Procedure Rules 2006 (ACT), rule 6564). This is ordinarily served by a Sheriff's Officer of the Supreme Court.

Voluntary service is carried out in the same way as official service as described above, i.e., the request must be sent to the Supreme Court, which arranges for service. See Court Procedure Rules 2006 (ACT), rule 6564.

Northern Territory:

Information on the Northern Territory is not available at this stage.

Timeline For Execution

Service in Australia can currently take up to 3 months or more. It varies according to the state or territory to which the request is sent, as they may have different ways of processing service requests. It also depends on where the person resides in Australia. If the person is in a remote location, the time for execution of the service request will be longer than if the person lives in a central location. Click here for information on How To Identify A Good Process Service Agency

Requests for urgent service are considered, but it may not always be possible to assist with expediting the request. Click here for information on How Rush Process Service Can Expedite Your Case.

Translation requirements

No translations are required for voluntary service. For all other methods of service, please refer to the information below. Click here for information on How Service of Process Ensures A Solid Foundation.

New South Wales:

11A.13 of the Uniform Civil Procedure Rules 2005 (NSW) requires the documents to be served and their translation in English. Please note: the translation must bear a certificate (in English), signed by the translator, stating:

that the translation is an accurate translation of the document
the translator's full name and address, and
his or her qualifications for doing the translations

Victoria:

Where the documents to be served (including request forms) are not in the English language, they must bear a certificate (in English) signed by the translator stating:

that the translation is an accurate translation of the documents;
the translator's full name and address and his or her qualifications for translating.

See Order 80.13(2) and (3) of the Supreme Court (General Civil Procedure) Rules 2005 (VIC).

Queensland:

The foreign civil process to be served must be translated into English and provided in duplicate under Rule 130 of the Uniform Civil Procedure Rules 1999 (Qld). The documents forwarded for service must be duly certified by the translator to be a true and correct translation of the documents to be served.

Western Australia:

Documents to be served must be translated into English. Any translation provided must bear a Certificate in English (signed by the translator) stating that the translation is an accurate translation of the document, as well as the translator's full name and address and his/her qualifications for doing the translation. The Certificate is required under Rule 11A 3(2) of the Supreme Court Rules 1971 (WA).

South Australia:

Rule 41M of the Supreme Court Civil Rules 2006 (SA) deals with translation requirements.

Subrule (2) provides that where a document to be submitted is not in English, it must be accompanied by an English translation. Any translation required under sub-rule (2)(d)) must bear a certificate (in English) signed by the translator stating:

that the translation is an accurate translation of the document, and
the translator's full name and address and his or her qualifications for translating.

Tasmania:

Any documents in a language other than English must be accompanied by an English translation (Supreme Court Rules 2000 (Tas), r.970M(2)(b)). Any translated documents must bear a certificate (in English) signed by the translator stating the translation is an accurate translation of the document, as well as the translator's full name and address and his or her qualifications for doing the translation (Supreme Court Rules 2000 (Tas),r.970M(2)).

Australian Capital Territory:

Documents for service, if in a language other than English, must be accompanied by an English translation of those documents. The translation must bear a certificate in English, signed by the translator, stating that the translation is an accurate translation of the document and the translator's full name, address, and qualifications for doing the translation (Court Procedure Rules 2006 (ACT), rule 6562).

Northern Territory:

Information on the Northern Territory is not available at this stage.

Procedure

The Hague Service Convention established a more straightforward means for parties to effect service in other contracting states. Under the convention, each contracting state must designate a central authority to accept incoming service requests. A judicial officer competent to serve process in the state of origin is permitted to send a request for service directly to the central authority of the state where service is to be made. Upon receiving the request, the central authority in the receiving state arranges for service in a manner permitted within the receiving state, typically through a local court. Once service is effected, the central authority sends a certificate of service to the judicial officer who made the request. Click here for information on How The Central Authority Works in Australia.

DECLARATIONS

Articles: 5,8,9,10,15,16,17,29

Article 5, paragraph 3 - translation requirements
Documents forwarded for service under a method prescribed in Article 5(a) and (b) must be written in or translated into English. A translation is not required where an addressee voluntarily accepts the service of documents in another language, and the Central or Additional Authority to which it was sent has no objection. In this circumstance, the Letter of Request must confirm that the documents forwarded for service are duly certified.

Article 8
Australia does not object to service upon a national not from the requesting State.

Article 9
The requirements set out in Articles 3 and 5 regarding using the model form and translation apply to service via indirect consular channels.

Article 10, paragraph a - service by postal channels
Australia does not object to service by postal channels, where it is permitted in the jurisdiction where the process will be served. Documents forwarded via postal channels must be sent via registered mail to enable acknowledgment of receipt.

Article 15, paragraph 2 - default judgments
Australia accepts that a default judgment may be awarded against a defendant even if no evidence of service had been provided if all of the conditions outlined in Article 15, paragraph 2, are satisfied.

Article 16, paragraph 3 - relief from the expiration of the time for appeal
An application for relief by a defendant from the effects of the expiration of the time to appeal will not be entertained if it is filed after the expiration of one year following the date of the judgment, except where it is determined otherwise by the Court seized by the matter.

Article 17
The requesting State must bear responsibility for costs incurred in employing a competent officer to service extrajudicial documents in Australia.

Article 29 - external territories
The Convention shall extend to all the States and Territories of Australia, including external territories.

Our Process

Documents can be faxed to (800)-296-0115, emailed to ps@undisputedlegal.com, mailed to 590 Madison Avenue, 21 Floor, New York, New York 10022, or dropped off at any of our locations. We do require pre-payment and accept all major credit and debit cards. Once payment is processed, your sales receipt is immediately emailed for your records. Click here for information on How Process Servers Protect Your Rights: Myths Debunked

Drop-offs must call and make an appointment first to be added to building security to permit access to our office. Documents for service must be in a sealed envelope with payment in the form of a money order or attorney check (WE DO NOT ACCEPT CASH) payable to UNDISPUTED LEGAL INC.; Our receptionist receives all documents.

DOMESTIC COVERAGE AREAS:

INTERNATIONAL COVERAGE AREAS:

OFFICE LOCATIONS

New York: (212) 203-8001 – 590 Madison Avenue, 21st Floor, New York, New York 10022
Brooklyn: (347) 983-5436 – 300 Cadman Plaza West, 12th Floor, Brooklyn, New York 11201
Queens: (646) 357-3005 – 118-35 Queens Blvd, Suite 400, Forest Hills, New York 11375
Long Island: (516) 208-4577 – 626 RXR Plaza, 6th Floor, Uniondale, New York 11556
Westchester: (914) 414-0877 – 50 Main Street, 10th Floor, White Plains, New York 10606
Connecticut: (203) 489-2940 – 500 West Putnam Avenue, Suite 400, Greenwich, Connecticut 06830
New Jersey: (201) 630-0114 - 101 Hudson Street, 21 Floor, Jersey City, New Jersey 07302
Washington DC: (202) 655-4450 - 1101 Pennsylvania Avenue, N.W. Suite 300, Washington DC 20004

for assistance serving legal papers in Australia

Pick up the phone and call Toll Free (800) 774-6922, or click the service you want to purchase. Our dedicated team of professionals is ready to assist you. We can handle all your Australia process service needs; no job is too small or too large!

Contact us for more information about our process-serving agency. We are ready to provide process service to all our clients globally from our offices in New York, Brooklyn, Queens, Long Island, Westchester, New Jersey, Connecticut, and Washington, D.C.

"Quality is never an accident; it is always the result of high intention, sincere effort, intelligent direction, and skillful execution; it represents the wise choice of many alternatives"- Foster, William A