Service of Documents
Chapter contents
- Special service by hand
- Special service by post or electronic communication
- Special service on prisoners
- Which documents require special service?
- Who do I serve the documents on?
- Overseas service
- Dispensing with service and substituted service
- Precedent orders
This chapter covers serving documents, as outlined in the Family Court Rules 2021 (FCR).
The way you serve documents on another party will depend on the type of document. Options for service include ordinary service and special service (r119).
Ordinary service involves giving the document to the other party or their lawyer by:
- hand (r130(1)(b)(i)),
- post (r130(1)(b)(ii)), or
- electronic communication (fax or email) (r130(1)(b)(iii)).
Special service has similar requirements; the difference is that you will need to provide written evidence of how you served the documents and the documents must be personally received by the person being served (r123). There are two types of special service:
- Special service by hand, and
- Special service by electronic communication or post.
The special service requirements are important, because if the court is satisfied that someone has been served, the case can proceed even if that person doesn’t attend the hearing.
Special service by hand
Service by hand involves giving the documents to a server, who then gives the documents to the other party and completes an affidavit as proof of service.
Anyone over the age of 18 can serve court documents on behalf of your client. Your client can use a family member, friend or a professional process server (which will cost the client money unless you are acting on a grant of legal aid and there are disbursements allowing the use of a process server). Your client can be present during service but cannot serve the other party themselves (r124(3)).
Your server will need to have a copy of the court documents, any brochures directed to be served by the court and a Form 6 Acknowledgment of Service when attempting service. If the server does not know the other party, it is helpful to provide a recent photograph of the other party.
When serving the documents, the server should hand the documents to the other party. If the server does not know the other party then they need to seek sufficient information to be satisfied about the identity of the person, (e.g., asking them their name). The server should then ask the other party to sign the Form 6 Acknowledgment of Service. If the other party refuses to take the documents, the server may put them down in the person’s presence and tell the person what the documents are (r124(2)). The Form 6 Acknowledgment of Service does not need to be signed by the other party if they refuse.
The server then needs to complete an Affidavit of Service (r131(1)(a)) and sign it in the presence of an authorised witness (usually a lawyer or Justice of the Peace).
The server needs to attach the following documents to the Affidavit of Service before signing:
- the Form 6 Acknowledgment of Service, if the other party signed it; and
- any photos used by the server to help identify the other party.
The completed and signed service documents are then filed via eCourts.
Special service by post or electronic communication
You should only attempt this method of service if you are confident the other party will sign and return the Acknowledgement of Service. If you attempt service by post or email and do not receive the signed Acknowledgment of Service, you may need to arrange service by hand, which may delay the progress of the matter.
The documents you will need to send to the other party are:
- an Form 6 Acknowledgment of Service to be signed by the other party
- the documents to be served
- any brochures or other accompanying documents required to be served at the same time.
If you send the documents by post or email, include a written request that the other party sign the Form 6 Acknowledgment of Service and return it to you as soon as practicable. If serving via post, you should send via registered post and you must provide a stamped self-addressed envelope to enable the signed Form 6 Acknowledgment of Service to be returned to you (r125(3)).
The server then needs to complete an Affidavit of Service and sign the form in the presence of an authorised witness (usually a lawyer or Justice of the Peace). The server needs to attach the signed Form 6 Acknowledgment of Service to the Affidavit of Service. The completed and signed service documents are then filed via eCourts.
Special service on prisoners
A person in prison can be served by posting the documents addressed to the person in charge of the prison (r128(1)).
When you serve the prisoner you need to also advise them in a cover letter about the requirement to attend by electronic communication (r128(2)).
Which documents require special service?
The documents that require special service are:
- an Initiating Application (Form 1)
- an Application in a Case (Form 2) if filed at the same time as a Form 1
- an Application for Divorce
- a Subpoena (Form 14)
- a Form 2 seeking an enforcement hearing
- an order made on an application without notice, and
- any affidavit, brochure or other document that must be filed with a form mentioned above.
The following documents need to be served by special service by hand:
Any other documents not listed above can be served by ordinary service by delivering or posting them to the other party or their lawyer (if they have one), emailing or faxing the documents to the other party (or their lawyer if they have one).
Any document filed after the case has started needs to be served by ordinary service only (r121).
Who do I serve the documents on?
A copy of your client’s documents filed must be served on the other party (or parties) to the case and on the Independent Children’s Lawyer if one has been appointed (r122(3) - r122(4)).
If the other party has a lawyer acting for them then that lawyer may accept service on behalf of his/her client. A courtesy email would be best practice to confirm if the lawyer is able to accept service on behalf of their client. Getting confirmation from the other party’s lawyer is important, because a lawyer may have given the other party legal advice, but may not be representing them in the proceedings. If the other party’s lawyer agrees to accept service, you can serve the lawyer (who will sign the Form 6 Acknowledgment of Service). If you serve a lawyer, the server doesn’t need to complete an Affidavit of Service and you only need to file the signed Form 6 Acknowledgment of Service (r131(1)(c)).
Overseas service
If you need to serve documents on a person overseas there are special requirements. The requirements of service differ depending on which overseas country the other party is residing in.
See this link for more information if you need to serve a party overseas - Service of Australian civil legal documents overseas (outgoing requests).
Dispensing with service and substituted service
If you cannot find the other party to serve the documents on them, you can apply to the court to dispense with service (r136(1)(b)) or to serve the other party by way of substituted service (r136(1)(a)).
You need to prove to the court that you have taken all reasonable steps (r136(2)(b)) to locate the other party (or bring the documents to their attention) when applying to dispense with service.
Substituted service should be the first option explored if it is possible, for example serving the application on a family member of the other party or serve the other party via their social media account.
Service by electronic text message was allowed in, for example, Britten & Britten [2018] FamCA 1054 and Scarle & Ringwood and Anor [2017] FamCAFC 57. An order for substituted service on a party’s Facebook page was made in Byrne & Howard [2010] FMCAfam 509. The order was made as a last resort and in circumstances where the court was reasonably confident that the party to be served was aware of the proceedings. In this case evidence was given about the respondent’s Facebook page, his use of the platform and the electronic confirmation received from the server that documents had been delivered privately to the respondent’s Facebook account. Evidence was also given that the respondent removed his Facebook account shortly thereafter.
Dispensation of service is granted only in exceptional circumstances.
To apply to the court for dispensation of service or substituted service, you need to complete and file online via eCourts a:
If you are filing a Form 1 Initiating Application and anticipate having difficulties serving the other party you should seek interim orders relating to service in your Form 1 Initiating Application and provide evidence in your client’s Affidavit regarding why you are seeking alternative orders regarding service. This avoids the need to file a Form 2 Application in a Case later in proceedings and avoids wasting your client (and the court’s) time.
Precedent orders
Suggested wording for seeking orders to dispense with service/substituted service is as follows:
- Pursuant to rule 136(1)(b) of the Family Court Rules 2021 (WA), service of the documents in these proceedings on [name of Respondent) be dispensed with.
- In the alternative, the service of the documents in these proceedings by [name of Applicant] on the Respondent by [postage / registered mail / email] addressed to [postal address / email address] be deemed good and sufficient service on the Respondent of those documents.
The Affidavit is where you explain all the steps you have taken to locate or serve the other party. For example, detailing the following:
- The proposed method of bringing the document to the attention of the person to be served (r136(2(a)).
- The reasonable steps and enquiries your client has made to find and serve the other party or bring the document to their attention (r136(2)(b)).
- The nature of the case (r136(2)(e)).
- Whether the person to be served could reasonably become aware of the existence and nature of the document by advertisement or another form of communication that is reasonably available (r136(2)(c)).
- Details of the last time your client saw or communicated with the other party.
- The other party’s last known address.
- Details of the other party’s nearest relatives and friends, and the enquiries your client made of these people.
- The other party’s employment, if any.
- Details of the enquiries your client made with the other party’s last known employer.
- Details of any current child support or maintenance arrangements or orders. If correspondence has been received from Services Australia (Child Support), attach a copy to your affidavit. If there is proof that Services Australia (Child Support) is in contact with the other party, you could later seek a Commonwealth Information Order for them to provide the other party’s address to the court. See the Location orders chapter for more information.
- Details of any property, bank accounts or businesses jointly owned.
- If the other party lives overseas, details of where they are living, how long they have lived there and if they plan to travel or move back to Australia.
- Any reasons why the other party may not be contactable.
- The costs of trying to locate and serve the other party and whether such costs are creating financial difficulties for your client (r136(2)(d)).
- Any other relevant information that may help the Court.
An application for substituted service or dispensation of service will be dealt with at your client’s next court hearing. The court may require more information at this hearing.
The court may adjourn your matter and direct your client to take extra steps to find the other party. For example, to send a letter to the other party’s relatives or friends, search the electoral roll or advertise in a local, national or overseas newspaper.
Reviewed: 20 August 2026