A process server is a person who delivers or “serves” legal documents on a person or company involved in a court case. The person or company being served can be the defendant, plaintiff or a witness. After serving legal documents a process server must provide proof that they have delivered the documents to the intended recipient by providing an affidavit of service. An affidavit of service is either sworn or affirmed by the process server and witnessed by an authorised witness such as a Justice of the Peace, Lawyer or Commissioner for Declarations. Process Serving laws differ according to the originating jurisdiction of the documents and who is being served.

How legal documents are served depends on the type of documents and who is being served. The rules for serving documents are quite complex, with different rules for many document types and jurisdictions. The most common methods of service are Personal Service, Ordinary Service and Substituted Service.

Personal Service is when the process server hands the documents to the person being served, in person, through direct hand to hand exchange. Proper identification of the person being served is required before the document exchange can occur. Proper identification can be performed by confirming a person’s date of birth, their full and correct name, and verbally asking if they are the person referred to within the documents. Further identification can occur through matching the person being served with a recent photograph.

Personal Service can still be affected on a person who refuses to accept service of documents. Once proper identification has been completed, a person refusing to accept service by hand can be served by having the documents left at their feet. The process server must explain to the person that they are being served in that manner due to their refusal to accept service by hand.

If a person refuses to identify themselves, a recent photograph becomes a valuable tool for process servers. The process server can leave the documents at a person’s feet and explain that they are being served as they have been identified via a photograph.

Ordinary service can be performed by leaving documents with a person who is an adult also living at the address. Ordinary service can also be performed by leaving the documents at an address if no one is at the address, in a position where it is reasonably likely to come to the person’s attention. Ordinary service is only available for certain documents and jurisdictions.

There are still options available if a process server confirms that the person has moved from an address. This is where engaging a competent process server and one with skills in skip tracing and investigations is beneficial.

A good process server will ask the right questions at an address to obtain current information to identify or locate the person’s new address. A process server can then provide this information to a skip tracer who can locate a new address or attempt to locate a new address themselves. See “What is Skip Tracing” for more information.

Substituted service is ordered when a process server provides evidence that it is impractical to serve a person under the prescribed rule. In most cases, substituted service is used when a person is avoiding being served by taking evasive actions to avoid contact with the process server. However, a court will only order substituted service once a process server provides sufficient evidence that it is impracticable to serve the documents under the prescribed law, and that the method of service proposed will bring the documents to the person’s attention.

The cost of process serving can vary depending upon where the documents are being served, how many people are required to be served and how many times a process server is required to attend an address. Generally, for capital cities and major towns in Australia, process serving starts at $90 per person and per address. Most process servers will charge one fee per address and include up to three attempts at the same address.

Process servers generally take 3-5 days to make attendance at an address in capital cities and major towns, with an average turnaround time for the completion of the job around 10-14 days. Most process serving companies have an “urgent’ service option where jobs can be completed within 2-3 days, However, urgent service will cost more.

There are many things a process server cannot do by law and shouldn’t do for ethical reasons. Below are the main things that process servers cannot and shouldn’t do.

1. Break and Enter

A process server cannot break into and enter a property unlawfully to serve documents. A process server must not follow a person into or onto private property if the person requests that they do not. A process server can affect service in these circumstances by leaving the documents at the persons’ feet or on the ground in front of them.

2. Cannot Pretend To Be A Police Officer

A process server cannot pretend to be a police officer or any other official of the court to force a person to open a door. Further, a process server cannot misrepresent themselves or the reason they are at an address to force a person to open a door. At the time of serving, a process server must identify themselves and state the reason why they are at the address.

3. Threaten Or Harass To Serve Documents

A process server cannot use threatening behaviour or harassment to force a person to open a door and/or to accept legal documents.

4. Cannot Leave Documents With A Minor

All states in Australia require documents to be served on a person over the age of sixteen years and in some states, over the age of eighteen years.

The specific steps to do so will vary depending on the laws of your state, but generally the process will involve the following steps:

1. File a petition for divorce: You will need to file a petition for divorce with your local court. This is the document that initiates the divorce case and lays out the grounds for the divorce, such as irreconcilable differences or adultery.
2. Serve the petition: Once the petition is filed, it must be served on your spouse. This means that your spouse must be given a copy of the petition and notified that a divorce case has been started.
3. Wait for a response: After your spouse has been served, they will have a certain amount of time to respond to the petition. Depending on the state, this can be as little as 20 days or as much as 90 days.
4. File a final decree of divorce: Once the waiting period has passed, and if your spouse does not contest the divorce, you can file a final decree of divorce, this document will finalize the divorce and legally ending the marriage.
5. Attend a hearing: In some states, you may need to attend a hearing before the divorce can be finalized. This hearing will be an opportunity for the judge to review the divorce papers and make sure that everything is in order.

It’s important to note that the process and the requirements may vary depending on your state laws, so it’s recommended to check with your local court for more information or consult with a profession like us.