In the divorce proceedings in Australia, if there is no consensus between the two parties, one party, as an applicant, submits a document to the court, which requires the applicant to take steps to effectively notify the other party.
Legal documents can be served by an individual (over 18 years old) or by letter, e-mail (fax or email). The requirement for service of documents is required by law to be 28 days earlier than the court hearing in Australia and 42 days before the hearing in Australia if it is outside Australia. When you take into account the manner in which the other party will refuse to accept the letter, you are legally advised to take the form of personal delivery. If the other party has a lawyer, it is necessary to make sure that the other party's lawyer can accept the relevant legal documents on behalf of the other party.
Service of legal documents by individuals
The person who served the legal document could not be the applicant who filed an application with the court, but could be a friend, family or a dedicated clerk. When the person who serves the document does not know the other party, give the person who serves the document a description and photograph of the other party to ensure that the person who serves the document can be sure that the other party is the person who is to serve the document. Once the service officer determines that the other party is the person to deliver the document, the service officer needs to sign to the other party a document called confirmation of acceptance of the service. Sometimes, the other party refuses to receive the legal documents sent by the service officer, in which case, the service officer needs to tell the other party what the document is and leave the document to the other party.
Legally, in order to satisfy the conditions of service, the service officer is required to write an affidavit, which is to be conducted in the presence of a lawyer or authorized person. If the other party agrees to sign, you can show the testimony to the other party. The applicant may also complete an affidavit on the signature page indicating that the applicant can recognize the signature of his or her partner. If there is an error in the delivery process, or if the materials are not properly prepared, the divorce application may be rejected.
In the event that the other party does not cooperate and the applicant has no access to the address, you need to prepare the courier's testimony, your testimony. If you can identify the other person's notes, you will also prepare testimony about the signature page.
