Step 4
Serve the Respondent and provide proof of service
A member of Court Service staff will return two copies of the Notice of Application and application form to you. One copy of the Notice of Application and application form must be sent to the respondent. This is called serving. The documents can be served by registered post or by personal service. You should keep the other copy for your own records.
If it is not possible to serve the respondent by registered post or by personal service, you can apply to the court for permission to serve in another way. This is called an application for substituted service. A judge will decide if another form of service is acceptable, such as by ordinary post, email or other electronic means.
You must then provide proof that the Notice of Application and application form has been served on the respondent. This is called proof of service. To provide proof of service, you must fill out and declare a form called a Statutory Declaration of Service. This is a declaration verifying that the documents were served on the respondent. This form must be signed and declared in the presence of a solicitor (but not your own solicitor), a Commissioner for Oaths or a Peace Commissioner.
More information on serving and application and proof of service >