Service

Abstract

Service is the procedure by which a plaintiff informs a defendant of the claim being made against him or her. Personal service is the foundation of jurisdiction and is required for originating proceedings. It is also an essential requirement of natural justice. Ordinary service is sufficient for interlocutory proceedings. There are less stringent requirements for ordinary service. Special service rules have developed for certain types of parties, such as corporations and those parties under a disability. Special rules exist in relation to certain types of actions, for example, motor vehicle personal injury actions. Technical service rules have also developed for service out of the jurisdiction, both within and outside the Commonwealth of Australia. Where a plaintiff experiences difficulties in serving a defendant, he or she may seek an order for substituted service, provided the method proposed is likely to bring the proceeding to the attention of the defendant.