How to apply

Step 4
Serve the summons and provide proof of service

You should make at least two copies of the summons, and keep one for your own records. One copy must be sent to the respondent. 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 summons by registered post or by personal service, you can apply to the court for permission to serve the summons 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 that the summons has been served on the respondent. This is called proof of service.

To provide proof of service, you must fill out and declare a form called a Statutory Declaration of Service. This is a declaration verifying that the documents were served on the respondent. This form must be signed and declared in the presence of a solicitor (but not your own solicitor), a Commissioner for Oaths or a Peace Commissioner.

More information on service and proof of service >