FAMILY LAW

Service of Documents

 

Almost all Court proceedings involve some form of formal service of documents.  Occasionally, usually in emergency situations, an application can be made without notice to the other party in matters such as urgent interim injunctions but ultimately there will need to be some form of service of the substantive documents.

 

Once service has been carried out, the party served may either take no steps or file defence documents on which there will be a designated address the service.  Once that document has been filed, then further service of any other document may be carried out by posting to that specific address the service.

 

But if the other party takes no steps in the proceedings, and files no documents, then the plaintiff or the applicant has to prove service by way of preparing and filing an affidavit of service which is a sworn document setting out the circumstances of the service and usually attaching a certified copy of the papers which were served on the other party.

 

The first part of this topic has been displayed free of charge. Join up for $45 to have access to this and all other topics!