Process serving: your questions answered

A process server delivers legal documents, such as a claim, summons, subpoena or divorce application, to the person who needs to receive them, and gives the court evidence that it was done. In Queensland, a process server is a licensed field agent and works in a private capacity. They do not work for a court.

Service tells the other party that proceedings exist and gives them a chance to respond. If a document was not properly served, a court may refuse to proceed, set a judgment aside or adjourn the matter.

Bailiffs are court officers who serve documents and carry out enforcement warrants. Process servers are private licensed agents. You choose which to engage for service of a document. Many Queensland bailiffs are also accredited as private process servers, so check which capacity they are acting in.

No. Solicitors, businesses and self-represented parties all use process servers. We cannot give legal advice, so for questions about what rules apply to your matter, speak to a solicitor.

A sworn statement by the person who served the documents. It states who was served, how they were identified, when, where and how the documents were delivered. It is the evidence you file to show the court that service occurred.

We make repeated attempts at different times and keep a record of each one. If personal service still cannot be achieved, your solicitor can apply to the court for substituted service, supported by that record. Skip tracing may help locate the person first.

It is an order from the court allowing documents to be served in another way, such as by post, email or leaving them at an address, when it is impracticable to serve in the usual way. In Queensland it is dealt with under rule 116 of the Uniform Civil Procedure Rules 1999.

In some matters, yes, but there are exceptions. You cannot serve your own divorce application, for example. Even where you can, an independent process server can swear an affidavit without a personal stake in the outcome.

In a sole application, give the sealed application and other required documents to your spouse at least 28 days before the hearing (42 days if overseas). You cannot do it yourself, but anyone over 18 can. They then complete an affidavit of service. Your spouse can also sign an Acknowledgment of Service.

The whole Gold Coast and Northern New South Wales. For other locations, we have an Australia-wide network of licensed affiliate process servers.

It depends on the location, the number of people to serve, the urgency and how many attempts are needed. We will give you a quote before we start.

Call or send the documents and details using our contact form. Include the recipient’s name, all known addresses, any photo or description, and your deadline.

Yes. Served is a fully licensed commercial agency, and we also hold a private investigator and security licence.

Yes. We are bound by the national privacy principles. All documents are handled in the strictest confidence.