Substituted service

Substituted service refers to multiple alternative mechanisms by which to serve process (i.e. bring a legal document to a subject’s attention) on an individual where personal service is usually required, but is not possible or practical.

Substituted service will usually occur by post, or by delivery to a solicitor, spouse, or close family member. In some circumstances substituted service will be affected by email, text message, or social media contact, where it can be shown that the subject uses the account or number.

To obtain leave for substituted service, an application accompanied by an affidavit must be lodged with the Court. There must be evidence of attempts to locate/personally serve the subject before substituted service will be granted.