How To Apply

Step 4
Serve the documents and provide proof of service

You should make at least two copies of the documents, and keep a copy for your own records. One copy must be sent to the respondent(s). Alternatively, your legal representative can send this. This is called serving. The documents can be served by registered post or by personal service.

If it is not possible to serve the application by registered post or by personal service, you can apply to the court for permission to serve the application 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 provide proof to the court that the application has been served on the respondent(s). This is called proof of service.

To provide proof of service, you must fill out a form called a Statutory Declaration of Service. This is a declaration verifying that the documents were served on the respondent(s). This form must be signed 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 >