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How do I apply for substituted service?

I have already tried everything to serve my court documents on my landlord. I am representing myself as I cannot afford a lawyer or a process server. I would like to know more about how I can apply to the court for substituted service?
Asked in Newcastle - Newcastle and Lake Macquarie, NSW, 29-11-2015
1 Lawyer Answered
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  1. Civil Litigation
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.

Answer by Lisa Wulfsohn, Melbourne 3000 VIC

  • Your registry staff will be able to help you with questions about how to apply for substituted service at your court.
  • Generally you will need to apply in writing.
    • You must send a letter to the court asking for substituted service.
    • You must also prepare a supporting affidavit. This affidavit will need to include information such as:
      • the date of the writ;
      • your attempts to serve the documents;
      • the time and place of these attempts at service; and
      • your proposal for an alternative way of serving the documents.
    • You must include information about:
      • your genuine attempts to find the person; and
      • how the attempts have been unsuccessful.
    • You must also explain how the proposed method of service will successfully tell the defendant about the court case.
  • For an example of a letter and affidavit for substituted service see this link: http://www.lawassist.lawaccess.nsw.gov.au/lawassist/lawassist_sample_letter_and_affidavit_substituted_service.html.

 

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