Difficult and evasive service

A strategy, not just a drive-by

When someone is avoiding service, one attempt at the door during business hours rarely works. We plan attendances at different times of day and on different days, including early mornings, evenings and weekends where your instructions allow, and we note what each visit shows about who actually lives or works at the address.

Why the record matters

In Queensland, a court can order another way of serving only where it is impracticable to serve in the way the rules require (Uniform Civil Procedure Rules 1999, rule 116). Courts look at whether reasonable efforts have actually been made. A set of vague or token attempts may not be enough.

We record each attendance with the date, time, address, observations and any contact. If a person offers a time to be served, that matters too. A defendant does not have to make it easy to be served, but a court is unlikely to find service impracticable if sensible opportunities were ignored.

What you get

• Service, where it can be achieved
• A chronological record of every attempt
• An affidavit setting out the attempts, ready for your solicitor to use in an application for substituted service
• Practical recommendations about what else may be tried, such as skip tracing