Service is the formal delivery of a legal document to the other party in accordance with the rules of court. The type of service required depends upon the nature of the claims made in your Originating Application.
If the Originating Application includes a claim for divorce or a parenting order, the Applicant must ensure the Originating Application is personally served on the Respondent by arranging for someone who is at least 19 years old, other than the Applicant, to hand-deliver the Originating Application to them. If you cannot personally serve the Respondent for any reason, you can apply for permission to serve the documents another way. You may make an Interim Application for a Procedural Order (Form F16.03A) to apply for substituted service.
If the Originating Application does not include a claim for divorce or a parenting order, the Applicant can serve the Respondent by:
- personal service (as described above);
- leaving a copy at the Respondent’s address with an adult member of the Respondent’s household and, on that same day or the next day, mailing another copy to the Respondent;
- leaving a copy with the Respondent’s lawyer, but this form of service is only effective if the lawyer accepts service on the Respondent’s behalf;
- sending it by registered mail/courier, but this form of service is only effective if a confirmation of delivery is obtained;
- sending it by regular mail, but this form of service is only effective if the Respondent provides the Applicant with an Acknowledgment of Service in Form F8.04A; or
- sending it by email, but this form of service is only effective if the Respondent sends a reply email acknowledging receipt.
For more specifics on service, and what is required to properly serve a document, consult Rule F8 of the Supreme Court Family Rules.
To prove that you have served a document on the other party, you may have to file an affidavit of service.
For more information on the process and for links to relevant forms, see the Family Rules, Practice Notes and Forms – General page.