Family Law: Service (noun)

Service (noun): the process of sending or delivering court documents to the parties to a matter after the documents have been filed with the court.

Service is a process which ensures all parties to a particular matter have notice of and access to documents which have been filed with the court. It is important that all parties can review these documents as soon as possible so they may prepare and file their own documentation in response.

However, service is not always as simple as popping the document in the mail and brushing your hands of your duty to serve. The Family Law Rules 2004 stipulate how service is to be completed. A number of important factors to note are:

• You need to nominate an address for service. This will likely be your lawyer’s address or your address if you are unrepresented.
• There are different types of service. Many family law documents need to be served by ‘special service’. This means that the document must be personally received by the person in question and an Acknowledgement of Service to that effect must be completed on a standard form.
• Filed documents must be served as soon as possible after the date of filing.

In some instances, service may not be possible. You may not know where the other party is living or they may be living overseas in a location which is not accessible by the normal diplomatic channels for service. In certain cases, it may be possible to dispense of the requirement of service or apply for a substituted form of service.

If you have a family law matter, concerns about how to get a family law property settlement or questions about family law and separation in NSW and want to find out more please do not hesitate to contact us on 9688 6023 or email us at info@franklegal.com.au.

 This article is provided to the reader for general information. It is not legal advice. It was written by Andrea Spencer & Emily Graham and edited by James Frank.

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