Legal document process serving across Australia - 'Serve them once and serve them right'
Process All Over has become Australia's 'go-to' process serving specialist, providing a full and comprehensive reporting of documents served that ensures all court documents are dealt with in a timely, cost-effective, and compliant manner.
Based in Victoria - staying true to the company's roots - Process All Over operates Australia-wide, serving clients across Melbourne, Sydney, Brisbane, Perth, Darwin, and more. Yvonne and the team are also skilled in international and overseas proceedings, working closely with legal teams from New Zealand, the United States, and the United Kingdom to process serve and manage documents as required.
Hence, Process All Over's mission statement? "Serve them once, and serve them right".
Why it is necessary to process serve legal documents correctly
When court proceedings are initiated, it is necessary to inform all parties of the claims being made, court date, and other vital information, ensuring that all parties are aware of what is happening. This process is known as Process Serving.
Process serving legal documents in Australia can be quite complex. Unfortunately, most courts in Australia do not allow for this process to be done via typical communication methods such as phone, email, or text.
Generally, there are three methods of process serving court orders and legal papers that can be required by the courts:
- Personal service: Hand-delivering documents directly to the individual as in Process Serving
- Ordinary service: Delivering documents in alternative ways, e.g. via postal service
- Substituted service: Delivering documents to an associated individual, e.g. a housemate
It is sometimes the case, that different stages of legal proceedings may require different types of process service. For example, initiating an application for divorce may require a personal service, while a response or appeal may be permitted under ordinary service.
There are a lot of different rules to follow - and multiple variations for different document types, different courts, and different locations. So, it's not surprising that process serving documents can often be done incorrectly. Unfortunately, improperly served papers can hinder the legal process itself resulting in delays. In some situations, cases can even be denied, dismissed or delayed if correct procedures are not followed.
This is why it is often recommended to use third party process server. A professional process server in Australia will be skilled in all aspects of process serving, understanding exactly what needs to happen - and when - to remain compliant with the rules of each court.
Types of documents process server by Process All Over
Process All Over's dedicated team of process servers are skilled and experienced in documents that include the following:
Process Serving Family Court and Children's Court legal documents
Family Court specialises in a variety of matters relating to relationships, home, and parenting. These range from financial and property disputes to domestic violence, divorce, and parenting orders.
In many matters of family law in Australia, it is typically the case, that the individual initiating proceedings cannot process serve documents. This is true even in situations where there are good relationships, and the documents are expected. While a non-associated individual - such as a friend or family member - is permitted to process serve the papers, though it is usually recommended that a professional process server is engaged in order to ensure due diligence is adhered to.
This is due primarily to the number of complex rules to follow in certain situations, such as if the individual is in prison, resides overseas, or has a disability. Timing is also a major consideration, with courts often requiring documents to be served at least seven days prior to a hearing, and no more than 12 months after filing.
Process Serving Letters of Default or Demand from Civil Courts, District Courts, or VCAT
Australia's Civil and District courts specialise in civil litigation and legal disputes between citizens or organisations. This may include property disputes, mortgage default claims, negligence claims, and more.
VCAT - the Victorian Civil and Administrative Tribunal - focuses on rental property disputes, notices to vacate, and consumer disputes.
There are many different types of legal documents required by these courts, ranging from originating process documents, subpoenas, and enforcement process documents. All of these come with distinct procedures that must be followed.
For example, while some documents must be delivered using personal service - either by the individual initiating the process, a friend or family member, or a professional process server - others may be delivered using ordinary service. This is typically true when serving a company rather than an individual, where documents can be posted to the registered address of the organisation.
Understanding what can and can't be delivered using ordinary service, how and when, can often be complicated. This is why professional process servers in Australia are often the recommended choice.
Criminal courts of Australia
Australia's Magistrates Court, Federal Magistrates Court, Federal Court, County Court, Supreme Court, and High Court specialise in criminal charges and high-value civil cases. Relevant documents may include class actions, summons, subpoenas, enforcement documents, and contempt orders.
The procedure for document process serving varies wildly depending on the court and document type. For example, it is usually the case that, in the Federal Court of Australia and Supreme Court, documents can be delivered (process served) using personal service. In this instance, this is considered to be placing the documents down in the individual's presence, and telling the individual what the document is.
In the Magistrates Court, however, documents may be able to be left with another adult living at the same address, most commonly known as substituted service.
A court server is often advised, as in most criminal courts, proceedings cannot progress until documents have been correctly process served, and the individual has been provided with an opportunity to respond. Therefore, if documents are served incorrectly, there may be a response delay which may cause scheduled hearings to be adjourned.
A professional process server in Victoria, New South Wales, and Queensland should be experienced in all document types, fully understanding the specialist requirements of each document, court, and state.
Total Process management and legal documenting process serving
Despite what TV shows and movies may depict, the procedure of process serving doesn't end with "you've been served". There is much more to due process, including the need for full legal document process management. This includes well-documented and evidenced proof of service, clearly demonstrating that documents have been process served in the correct way and in a timely manner. Many courts in Australia request this proof in the form of a signed and witnessed affidavit from the documents process server.
Process All Over proudly boasts a legal document process management system for comprehensive reporting of documents served, which ensures that all legal documents are delivered as required. All attempts to deliver are closely tracked, monitored and reported upon whether successful or not. Ultimately, this saves Process All Over's clients time, money, effort, and frustration, providing complete peace of mind that everything is being handled with all legal due diligence, as it should.
Serving court documents - in the right way, at the right time - can be complex. Using a legal document process server in Australia can help save time, money and prevent delays, case denials and dismissals. At Process All Over, we're very pleased to offer 100% free telephone consultations to help ensure you're remaining compliant with all rules and regulations.
Call our team on (03) 9866 5622, or complete our contact form to find out more.
