Personal service

The delivery of a written or other document by leaving it in the presence of the person to be served and drawing his/her attention to its nature. Personal service may also be referred to as service of process in some jurisdictions. Personal service can be compared with other forms of service such as leaving the document with someone over the age of 16 at the business or residential premises of the person to be served, and postage of the document (with a return address) to the registered business or residential address of the person to be served.

Personal service is the highest burden for service, and may be required where documents are especially time sensitive, or carry significant legal ramifications for parties if not duly received.

According to Reg 10.20 of the Uniform Civil Procedure Rules 2005, the only document that requires personal service as the only valid form of service is an originating process and any order for examination or garnishee order in proceedings in the:

  • Supreme Court
  • Industrial Relations Commission
  • Land and Environment Court, the District Court
  • Dust Diseases Tribunal