Family Law Service
Family Law can be one of the most stressful processes any of us may go through. The outcomes are very often life changing for everyone involved, including in many cases, children of a relationship which has broken down.
Because of the major implications of these types of the processes, the Court requires all parties involved to be made aware of materials put before the Court, which will be relied upon in make those decisions and orders.
Hence, any document filed with the Court must be served on all other parties (Respondent/s usually) to the matter. There are different rules about how service of documents in different types in family law matters should occur. Initiating applications and other ways of starting matters, must generally be served by hand to the other parties. That means handing the documents to them personally, or at the very least attempting to hand it to them. A good way to think of service of initiating documents is each person needs to be made aware of what is happening and being asked for from the Court, so the other people have a chance to consider what’s asked for and have their say also. Without the personal service, the court may form a view that it can’t make orders, as the involved persons/parties haven’t had a chance to have their say.
By definition, Personal Service or court document service is when court documents (often these are divorce papers and family law documents) are served by hand to an individual or other entity like a company. Though most family law documents are served directly on the alternate person from a relationship of marriage which has broken down.
There are also time limits, or reasonable notice that you need to provide to the other people getting served. While it’s not always possible, the Court expects people being served receive the filed documents, also known as sealed documents at least 28 days before the date of the hearing set for the matter. If you haven’t served within 28 days of the hearing, it doesn’t mean your matter can’t proceed, but it is likely to be delayed as to presiding judge or registrar will usually allow the served person more time to read the material served and file their own material. A new date is then set for the matter, which is known as an adjournment. Ideally though, you want to get your matter brought on as fast as possible to deal with the matters of the application, so progressing to serving your documents as soon as their filed will assist in progressing your matter, often with fewer delays.
Many people plan to serve their own documents after they’ve been filed. Unfortunately to serve family law documents and/or serve divorce documents, use must use a third party. This can be a friend or a family member, though issues can arise later if the service does not go smoothly. There can be accusations as to conduct of the serving person, due to attempts to frustrate the service, as well as understanding the correct process to ensure the service complies with the expectations of the court. While it is allowed under the rules, it is far from preferable.
A Process Server is a person who is able to perform court document serving for any court case. Process Servers are also known and Mercantile Agents, Field Agents and Commercial Agents. Despite the different names, they perform the same work. Most states also have licencing requirements for process servers, to ensure appropriate persons are attending to service of documents. They shouldn’t be confused with bailiffs or sheriffs however, who are appointed by government for specialised purposes.
As you can see from the information, there is a great deal to know and understand when serving court documents. Therefore it is wise to use a professional who understands the procedures and more importantly is emotionally detached from the matter. A professional Process Server effects service correctly and provides a sworn affidavit and other documentation necessary for lodgement at the Court.
If you feel you are confident to proceed to the service of your documents, the sealed documents available from the Commonwealth Courts Portal can be emailed directly to our office along with your instructions to serve the otherside in your matter. It is very important that all documents filed in the Court are served on the otherside and each of the filed documents uploaded to the court portal can then be downloaded with a Court Seal stamped over the top of each document.
To proceed to instructing service, we need the relevant information and it may help to follow our Step-by-Step guide, which includes a draft instruction letter, which can be copied and pasted to your email, then modified for your matter.