If you’re involved in a family law matter in Australia, such as parenting arrangements or property settlement, one of the most important early steps is ensuring that the other party receives the court documents. This process is known as service, and when handled improperly, it can lead to delays, or worse, your case not being allowed to progress.
For many family law applications, personal service is required. In this blog post, we’ll explain what personal service involves, why it matters, and how to get it right under the rules of the Family Court of Australia and the Federal Circuit and Family Court of Australia (FCFCOA).
What Is Personal Service in Family Law?
Personal service of family court documents means physically handing the documents to the person you are serving, typically your former partner or spouse, so they are properly informed about the court proceedings.
This method ensures that the person:
- Has received the documents in full
- Is made aware of the upcoming court case or application
- Has the opportunity to respond or participate
It’s a fundamental legal requirement that protects the rights of all parties involved.
When Is Personal Service Required?
In the Family Court or the Federal Circuit and Family Court of Australia (FCFCOA), you must arrange for the personal service of documents in matters involving:
- Initiating applications
- Applications for final orders
- Subpoenas (If the subpoena requires the person subpoenaed to attend to give evidence)
These documents must be personally served on the respondent unless the court allows an alternative method (called substituted service) or dispenses with service altogether in special cases.
Any application or document filed with the Court must be served on all the parties to the proceedings, including the Independent Children’s Lawyer.
Can I Serve the Documents Myself?
No. You cannot personally serve the documents yourself if you’re a party to the case. The documents must be served by:
- A professional process server
- A friend or family member (who is over 18 and not involved in the proceedings)
- A lawyer or legal representative
After service is completed, the person who served the documents must complete an Affidavit of Service, which details when, where, and how the documents were delivered. This affidavit is filed with the court as proof that service occurred properly. There also may be other documents that will need to be filed in the Court such as an Affidavit of Proof of Signature after service has been completed for Divorce Applications.
What Needs to Be Served?
You must serve:
- The application or initiating document
- A copy of the court brochure (e.g., “Marriage, Families and Separation”)
- Any related affidavits, financial statements, or Notices of Risk or other documents you have filed in your application
- Initiating application
- Genuine steps certificate
- Affidavit, if filed
- Family violence order affecting the parties
- Marriage, families and separation brochure
If parenting orders are sought:
If financial orders are sought:
- Financial statement – if the applicant is aware that the financial statement will not make full and frank disclosure, they must also file an affidavit providing further particulars
- Financial questionnaire
- Undertaking as to disclosure – should be filed with the application, but must be filed prior to the first court date.
Ensure these are exact copies of those filed with the court.
Timeframes for Service
Service must be completed within strict timeframes:
- Documents must be served as soon as practicable after filing, and at least seven days prior to the hearing of the application or at least three days prior to the hearing of an interlocutory application.
- Failing to meet these timeframes can lead to delays in your case.
What If I Can’t Locate the Other Party?
If you’ve made genuine efforts to locate the other party but failed, you can apply to the court for:
- Substituted service: For example, by email, social media, or publication
- Dispensation of service: Where the court waives the requirement to serve
You must provide evidence that reasonable attempts were made to find the person.
Get Legal Help Early
Mistakes in the service process can cost you time, money, and progress in your case. If you’re unsure how to serve documents properly, we strongly recommend getting legal advice.
Need Help With Family Law or Serving Documents?
At Terry Anderssen, we help clients throughout North Brisbane navigate the family court process, from preparing applications to ensuring documents are served correctly. To book a consultation, call us on (07) 3350 4417 or fill out the form on our Contact Us page.