Information & Resources

An affidavit is a written statement that provides evidence. It's like a written version of what someone might say in court. The person making the affidavit (called the 'deponent') must swear or affirm it in front of a qualified witness, such as a Justice of the Peace or a Solicitor.

 

At Pink Door, our licensed agents offer the following services:

  • Affidavits of Service Attempts: Our agents provide affidavits detailing their attempts to serve your documents to the recipient.

  • Efforts and Observations: Our agents describe their efforts to serve the documents, including any relevant observations about the address visited.

  • Recipient Interactions: Any relevant interactions or statements made by the recipient are included.

If our agents successfully serve the documents, their sworn affidavit of service is accepted by the Courts as evidence that the recipient received the documents.

If our agents are unable to serve the documents, their affidavits of attempted service can be used as evidence of the efforts made. This can also support any application for substituted service, indicating that the recipient may no longer reside at the given address.

A process server is a person who may personally serve court documents and any other documents on individuals and corporations.

The role of a process server is crucial in ensuring that all parties are properly notified of their involvement in a legal matter, which upholds the due process of law.

Key responsibilities of a process server include:

  • Delivering Legal Documents: Ensuring that legal documents are delivered to the correct individuals in a timely manner.

  • Providing Proof of Service: Documenting the delivery of legal documents and providing proof of service to the court.

  • Maintaining Confidentiality: Handling sensitive information with discretion and maintaining confidentiality throughout the process.

  • Adhering to Legal Requirements: Following all legal requirements and regulations related to the service of process.

Process servers play a vital role in the legal system by ensuring that individuals are informed of their legal obligations and rights.

We can serve a variety of documents. If your document isn’t listed below, please contact us so we can assist you.

 

Family Court Documents

  • Divorce applications:

    • Initiating Application for Divorce

    • Affidavit of eFiling

    • Marriage, families and separation brochure

    • Any other document filed with the Court relating to a Divorce Application

    • Acknowledgment of Service

    For more information, see the section on the Federal Circuit Court website.

  • Response to a Divorce application:

    • Response to Divorce

    • Affidavit in support

    • Any other supplementary documents

    For more information, see the section on the Federal Circuit Court website.

  • Parenting Order applications:

    • Initiating Application for Parenting Orders

    • Affidavit in support

    • Notice of Risk (if applicable)

    • Financial Statement (if applicable)

    • Marriage, families and separation brochure

    For more information, see the section on the Federal Circuit Court website.

  • Subpoenas:

    • Subpoena for production

    • Subpoena to give evidence (requires attendance at Court)

    • Subpoena for production and to give evidence

    For more information, see the section on the Federal Circuit Court website.

Civil Court Documents:

  • Claims & Statements of Claims

  • Complaints

  • Writs

  • Subpoenas

  • Applications (initiating and interlocutory)

  • Statements of Financial Position

  • Notice of Hearings

  • Summons

  • Enforcement Hearing Summons

Other Documents:

Personal service is recommended where there is concern that the recipient may ignore the document if served by other methods (e.g., post, email, or fax) or where clear evidence of receipt is needed. We serve documents to any recipient, including individuals, businesses, corporations, sole traders, partnerships, firms, property managers, or Wardens. We have previously served:

  • Confidential letters and documents

  • Letters of demand

  • Defamation concerns notices

  • Deeds of settlement, deeds of acknowledgment

  • Letters requiring acknowledgment of receipt

  • Binding financial agreements

  • Property settlement documents

  • Documents requiring hand delivery that clients prefer not to post

Serving Documents to People with Disabilities or in Retirement Homes

When serving documents to someone with a disability or living in a retirement home, it's important to follow the correct protocol:

  1. Serve the document to:

    • The person's case guardian.

    • The person's guardian appointed under State or Territory law.

    • If no guardian is available, an adult who cares for the person (e.g., someone in charge of a hospital, nursing home, or care facility).

  2. Acknowledgment of Service:

    • If required, the person signing on behalf of the recipient should indicate their role (case guardian, guardian, caretaker, or person in charge).

  3. Affidavit of Service:

    • The server must detail the circumstances of service and amend the details to reflect the person served (e.g., the person's guardian).

If you need to serve documents to someone with a disability or in a retirement home, please contact our friendly team for assistance.

Serving Documents to Prisoners

 

Serving divorce or other Family Court documents to someone in prison can be challenging. According to Rule 7.10 of the Family Law Rules 2004 (Cth), documents that need to be personally served on a prisoner must be served by special service to the person in charge of the prison (usually the Warden).

 

If an Acknowledgment of Service is needed (like for a Divorce Application), the person in charge of the prison should sign it as "person in charge of the prison." The server must detail the service circumstances in the Affidavit of Service, such as "handed/posted to the person in charge of (name) prison," and update the service details to reflect the person served.