Process Serving

[Reprobate]

I need to serve an amended affidavit and court orders for a Final Hearing (Family Court) on the ex.

I live in New South Wales and she lives in Far North Queensland.

What is the best way to do it?



NB: In case you're thinking "How did you do it before?" that involved her being in New South Wales and unaware that she was going to be served. She refused to take the papers and left them at McDonalds. I turned up shortly after with two police officers, found her nearby to give her a letter explaining a few other facts and reasons. Needless to say she's not going to be a very happy camper when she gets the next affidavit. In fact she never has been. She HATES being served with papers. Okay, so it's not the most fun thing in the world to have happen to you, but it's par for the course. You accept them, read them, respond to them.

[Sagacious]

Part 7 of the Family Law Rules 2004 deals with service.

Rule 7.01 (http://www.austlii.edu.au/au/legis/cth/consol_reg/flr2004163/s7.01.html) onwards.

If your matter is in the Federal Magistrates Court then you need to have regard to Division 6 of the Federal Magistrates Court Rules.

The most recent version of the rules is downloadable here (http://www.fmc.gov.au/law/docs/fmcrules05.pdf).

[MC SoD]

Use a company like Probe who will serve people interstate for you and provide you with an Affidavit of Service.

[MC SoD]

Not sure if any of these will do it, but give them a call, found them in yellowpages:

Missing Link Investigations

PO Box 320 Harbord NSW 2096
ph: (02) 9949 2731 Process Servers

ASAP Process Services (NSW) Pty Ltd

PO Box 113 Parramatta NSW 2124
ph: (02) 9891 6280 Process Servers

Premier Investigations

9 Bannister Head Rd Mollymook NSW 2539
ph: (02) 4455 3330 Process Servers


Basically you just call them, and if they provide an interstate service, you can mail them the docs with a covering letter saying who they are to be served on (give as many of her contact details as you can and its okay to mention that she may attempt to avoid service if that's been your experience in the past) and ask for an Affidavit of Service once it has been served (ask that in the letter I mean)..

So, I don't know where Mollymook is or whatever, but you only need to mail them the stuff, not actually show up there.

[MC SoD]

WTF darkside are you posting as sweet or what?

[MC SoD]

oh great and once again i post without quoting and the post gets edited and i look mildly retarded.. oh well, truth hurts i guess

[Reprobate]

I shall look into both replies shortly.

In the meantime, does the Sheriff's Office in Queensland do service of court papers?

If so, are they any good at it, or are they like NSW in they try once and then leave a calling card for the intended recipient to come and collect it.

And if so, if the intended recipient does NOT go collect the court papers, does it reflect on her, or am I the one looking like a fool in court?

edit: and the sweeet post before was me as him. and the one before that is deleted to avoid confusion. though if i didn't say anything MC SoD would have come across as delusional :p

[MC SoD]

Ripped off... you repped me with 1 rep power instead of 5 ;)

[Reprobate]

Ripped off... you repped me with 1 rep power instead of 5 ;)
Fixed.

SHIT SHIT SHIIIIIIIIT. I could have gone on a rep- run. FUCK! I logged him out.

Missed opportunities. :(

[Sagacious]

FMC Rules Rule 6.06

When is service by hand required
(1) Service by hand is required for an application starting a
proceeding or a subpoena requiring attendance of a person.

FMC Rules Rule 6.11

6.11 Service other than by hand
(1) If a document is not required to be served by hand, the
document may be served on a person at the person’s address
for service:...

...

Rule 6.11(2) goes on to say...

(2) If the person does not have an address for service, the
document may be served on the person:
(a) by delivering it to the person’s last known address or place
of business in a sealed envelope addressed to the person; or
(b) by sending it by pre-paid post in a sealed envelope addressed to the
person at the person’s last known address or place of business; or
(c) if a law of the Commonwealth or of the State or Territory in which
service is to be effected provides for service of a document on a
corporation or organisation, by serving the document in accordance
with such provision.

Emphasis Added.

I think that just about covers your situation.