What Is Service?
Service is the formal process of delivering legal documents to another party involved in a legal proceeding. It is one of the first — and most crucial — steps when commencing or responding to a case in Victoria.
Documents such as a Statement of Claim, Writ, or Notice of Defence must be properly served on the other party (or parties), and in some cases, on witnesses or third parties. Proper service ensures everyone involved is notified and given a fair opportunity to respond.
Why Is Service Important?
Service is not just procedural — it’s a legal requirement. Courts will not proceed with a matter unless they are satisfied that service has been properly effected. Incorrect service can result in delays, increased costs, or even the dismissal of proceedings.
Types of Service in Victoria
The type of service required depends on the nature of the documents, the stage of the proceedings, and the identity of the recipient.
1. Personal Service
Personal service means physically handing the documents to the person being served. It is typically required for:
- Initiating court documents (e.g. writs, originating motions)
- Subpoenas
- Family violence intervention orders
The person serving must identify the recipient. If the recipient refuses to accept the documents, they can be placed near them with an explanation of their nature.
2. Ordinary Service
Once proceedings have commenced, many documents can be served by ordinary service, which is less formal. This includes:
- Sending documents by post
- Delivering to a nominated address
- Sending by email, fax, or document exchange (DX), where appropriate
Ordinary service fails if the delivery method is unsuccessful — e.g., returned mail or undelivered faxes. It is vital that all parties keep their contact information up to date.
3. Substituted Service
If a party is avoiding service or cannot be located, substituted service may be sought from the Court. This permits service through alternative means such as:
- Delivering to a known associate or solicitor
- Posting to a last known address
- Publishing in a local newspaper
- Messaging via social media (e.g., Facebook)
This method is only allowed if personal service would otherwise be valid and the alternative method is likely to bring the documents to the person’s attention.
Who Can Serve Documents?
Anyone over 18 can serve legal documents. However, many parties engage professional process servers who can prepare sworn Affidavits of Service, particularly useful in contested cases.
Affidavit of Service
After documents are served, the server must complete an Affidavit of Service — a sworn statement confirming the details of service. It should include:
- The server’s identity
- The date, time, and place of service
- How the recipient was identified
- A copy of the sealed document served
This affidavit is filed with the Court and used to confirm that service was lawfully and properly completed.
Time Limits
Once a Statement of Claim or Writ is filed, it must be served within 12 months. If this deadline is missed, the document becomes stale.
The Court may grant an extension, or the defendant may choose to accept service despite the delay. Otherwise, the plaintiff may need to restart proceedings by filing a new claim.
Need Assistance?
The rules around service can be complex. Our litigation team can manage this process for you, ensuring compliance and avoiding costly delays. Contact us today on (03) 9311 8911 for tailored legal support.
