Serving documents

Almost every document you file in the District Court must be served or given to the other party in the proceeding. It is the plaintiff’s responsibility to serve their documents on the defendant, and the defendant’s responsibility to serve their documents on the plaintiff. This includes information about when and where a hearing or conference will take place.

You can serve a document by:

  • giving it to the other party, or getting someone else to give it to them – documents that begin a proceeding (such as the statement of claim, notice of proceeding and list of documents, or the originating application) must be served this way, unless the court says you can serve in another way, or the defendant agrees to be served by post, email or document exchange
  • posting it to the address given to you by the other party for the purposes of service or leaving it at that address between 9am and 5pm
  • sending it to a post office box, document exchange box, email address or fax number given to you by the other party for the purposes of service
  • another method that the court may tell you.

You do not have to serve documents on the other party when you are filing an interlocutory or originating application without notice.

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