Substituted service in Queensland: when personal service fails

Sometimes a person cannot be found or avoids service. In Queensland, the court can then make an order for another way of serving, which is called substituted service.

What rule 116 says

Under rule 116 of the Uniform Civil Procedure Rules 1999, if it is impracticable to serve a document in the way required, the court may make an order substituting another way of serving it. The court can specify what steps are taken to bring the document to the person’s attention and when it is taken to have been served.

Two things the court looks for

1. That service cannot be effected personally, meaning an inability to serve after reasonable efforts
2. That the method proposed will, in all probability, bring the document to the person’s attention

Why the number and quality of attempts matter

Queensland courts have approved substituted service where a process server made repeated attempts at an address and the evidence showed the person was connected to the address. Courts have refused it where the evidence was thin, or where the person had offered to be served on set dates that were not used. A defendant does not have to go out of their way to be served, but the applicant must show it was impracticable to serve.

What helps an application

• Several attendances on different days and at different times, including outside business hours
• Accurate notes of each visit and what it showed about who lives or works there
• Enquiries to confirm the address is current, such as a skip trace
• A proposed method of substituted service that is likely to reach the person, such as delivery to a place they are known to frequent, or email and social media where they are active

How we help

We make documented attempts and prepare an affidavit of attempted service for your solicitor. The application itself is a legal step to take with your solicitor.