1. Establish that there has been filing of a statement of claim /summon

   1. Setting aside?

2. Then there must be service upon opponent

   1. Note: Person serving D then completed affidavit attesting to service – UCPR r 35.8 identifies information that must be included.

Methods of service in general:

3. UCPR r 10.5 – number of ways you can serve: (a) Personal service (b) Post (c) Hand delivery (d) by serving document on corporation

4. Agreement: service can be in accordance with agreement between parties: r 10.6 but must be agreement that specifically pertain to mode of service: Mondial Trading (agreement concerning appropriate jurisdiction to bring a claim was held not to encompass an agreement as to mode of service): r 10.6

5. Solicitor Accepting service: if a solicitor notes on a copy of: (a) any originating process; or (b) any other document required or permitted to be served in any proceedings, but not required to be personally served, that he or she accepts service of the document on behalf of any person the document is taken to have been duly served on that person on the date on which the note is made or on such earlier date of service as may be proved. r 10.13

What to serve:

6. A party who files a document must as soon as practicable serve copies on each other active party: r 10.1 UCPR

When service has to be personal: r 10.20(2)(a)

7. Personal service is required for: (a) any originating process, and any order for examination or garnishee order, in proceedings in the Supreme Court, the Industrial Relations Commission (including the Commission when constituted as the Industrial Court), the Land and Environment Court, the District Court or the Dust Diseases Tribunal: r 10.20(2)(a)

8. For originating processes in the Local Court don’t have to be personally served / can be left with person at that persons buesinss or residential address over 16 years and apparently employed or residing at that address: r 10.20(2)

9. What is an originating process? Statement of claim, summons, statement of cross-claim and cross-summons: Sch 99 UCPR

What is personal service > for persons

10. (1) Personal service of a document on a person is effected by leaving a copy of the document with the person or, if the person does not accept the copy, by putting the copy down in the person's presence and telling the person the nature of the document: r 10.21 UCPR

    1. ‘nature’ is vague. If nature is clear on face and document is not placed in envelope or otherwise concealed that’s fine: Lawindi

    2. if past knowledge so person knew nature of document from past history in relation to matter service valid despite no clear statement of nature by process server: taylor v Marmaras

11. Violence: If, by violence or threat of violence, a person attempting service is prevented from approaching another person for the purpose of delivering a document to the other person, the person attempting service may deliver the document to the other person by leaving it as near as practicable to that other person: r 10.21(2), (3) UCPR

12. If person does not accept document:

    1. Personal service where pushed under locked door: Gracyk

    2. Attach doc to front of locked door while advising this was occurring: Re Hudson

13. Where person is keeping house: where strong evidence that person is keeping house, remains in premises to which process server cannot lawfully or practicably obtain access, then person can place doc in mail-box, affix doc to outer door of premises, can attach to fence or wall as near as practicale to principal door or entrance to premises, and within 24 hours after doing so post notice to premises addressed to person informing that document has been placed or affixed – and this will be personal service – r 10.26

14. Example of personal service: where process server went to pitch of player, observed him training, threw documents in direction, was picked up and handed to D and said ‘this is for you’. Seems those constituted personal service: Bulldogs v Williams

Personal service > other entities

15. For: Unregistered business name: r 10.9 UCPR, D operating under registered business name: r 10.10, Service on partner in limited partnership: r 10.20 – can leave document with person over 16 years of age at place that business is carried out or by sending document by post addressed to D at address of business.

16. UCPR r 10.22 – personal service on corporation – effected by personally serving principal officer of corporation or by serving doc on corporation in another manner prescribed by law eg under Corporations Act s 109X(1)(a)

If personal service hard, then maybe substituted service: r 10.14

17. (Legg: can seek substituted service before or after trying service)

18. (1) If a document that is required or permitted to be served on a person in connection with any proceedings: (a) cannot practicably be served on the person, or (b) cannot practicably be served on the person in the manner provided by law,
    the court may, by order, direct that, instead of service, such steps be taken as are specified in the order for the purpose of bringing the document to the notice of the person concerned: r 10.14(1)

19. An order...