Service of Documents in the Family Court of WA
When you file documents in the Family Court, you will be required to have these documents served on all other parties (or provided to the parties).
Providing the documents to the other party is an important part of the Courts process. It will let the other party know when they are expected to attend Court and will give them the opportunity to respond to the information contained within your documents, by filing their own documents.
Your matter will not be able to progress if service has not taken place.
There are a few ways you can serve your Court documents on the other party, and this will depend on the kind of document you are serving.
Types of service
Special service: Is serving the documents in person. However, you cannot carry out special service yourself. You could ask a family member or friend to assist with this, or engage a process server.
The following documents require special service:
Any documents filed as a part of a Initiating Application
Divorce Application
Application in a Case
Contravention
Contempt Application.
Ordinary service: Once proceedings have begun, and if you file further documentation, you will not have to personally serve these on the other party unless specified by the Court. Further documents can then be provided via email, or via post to the other party’s residential address.
Once the other party/s have filed a Notice of Address for Service, you must serve the documents to address or email they have specified, as this acknowledges that they are willing to accept service in this way. If the other party obtains a lawyer, and if that lawyer has been instructed to act on their behalf they will file a Notice of Address for Service and all documents and correspondence should be directed to their lawyer. If not, service should be carried out on the other party.
What is a process server?
Process servers can undertake service for you. You can contact them to get a quote on how much service may be, and this will depend on where the other party resides. The cost is normally around $80 for 5 attempts in the Perth metropolitan area. You will need to provide the process server with the documents and some information on how they can locate the other party. Documents can be provided by email or in person. Once the process server has served the other party, they will provide you with an Affidavit of Service that they have sworn and an Acknowledgement of Service signed by the other party. You will then need to file this with the Court.
Proving service
An Affidavit of Service is a witnessed Affidavit completed by the process server, it identifies how service was carried out and how they identified they were serving the correct person.
An Acknowledgment of Service is signed by the other party, acknowledging that they have received your Court documents.
This is important, because if the other party does not show up for Court, you will need to be able to prove to the Judge that the other party was aware of the Court proceedings. These documents should be filed, and provided to the other party via ordinary service.
If the other party refuses to sign the Acknowledgment of Service you can still prove to the Court that they have received the documents by other means. For example if you provided the process server with a photograph, they can sign an Affidavit confirming the identify of the person they gave the documents too without needing their signature.
If you are having a friend or family member serve your documents, they need to complete the Affidavit and Acknowledgement of Service and have their signature on the document witnessed in front of a Justice for the Peace.
What if the other party cannot be located? or will not accept service?
Generally, process servers are able to carry out service. In circumstances where you have attempted to carry out service to the best of your ability but been unable to do so, the Court can make an Order for substituted service. Substituted service means the documents could be provided in another manner which the Court deems appropriate. This requires an application to the Court.
