Obtaining an order for substituted service
When personal service cannot be effected after reasonable attempts, the court can order substituted service — allowing documents to be served by an alternative method such as email, social media, or advertisement. The applicant must demonstrate that personal service is impracticable and that the proposed method is likely to bring the documents to the defendant's attention.
This is an 8-step workflow for obtaining an order for substituted service when a defendant cannot be personally served. It covers documenting service attempts, preparing the application, and implementing the alternative service method approved by the court.
Before you start
- Originating process or documents requiring service
- Evidence of at least 2-3 genuine attempts at personal service
- Any known contact details for the defendant (email, phone, social media, last known address)
- Process server affidavits documenting failed service attempts
The workflow
Document all personal service attempts
Ensure the process server has made genuine attempts at personal service at different times and days. Obtain detailed affidavits from the process server describing each attempt, the date, time, location, and observations.
Conduct skip tracing and enquiries
Conduct reasonable enquiries to locate the defendant — ASIC searches, electoral roll checks, social media searches, enquiries with known associates, and any other available avenues. Document every enquiry and its result.
Identify the proposed substituted service method
Based on the enquiries, identify the method most likely to bring the documents to the defendant's attention. Common methods include service by email, service via social media (Facebook, Instagram), service by post to last known address, or service by advertisement.
Draft the application and supporting affidavit
Prepare the interlocutory application (or notice of motion) seeking an order for substituted service. Draft a supporting affidavit exhibiting the process server affidavits, search results, and explaining why personal service is impracticable.
Prepare the proposed short minutes of order
Draft short minutes specifying the exact substituted service method, the documents to be served, the manner of service (e.g. email to a specific address), and when service is deemed effected (e.g. 3 business days after sending).
File and attend the hearing
File the application and supporting material. Substituted service applications are usually heard ex parte (without the defendant present). Attend the hearing and be prepared for the court to modify the proposed method or require additional attempts.
Effect substituted service as ordered
Carry out the substituted service strictly in accordance with the court order. If the order requires service by email, send the documents to the specified email address. Retain evidence of service (delivery receipts, screenshots, publication records).
File the affidavit of service
Prepare and file an affidavit of service confirming that substituted service was effected in compliance with the court order. Exhibit the evidence of service. The matter can then proceed on the basis that the defendant has been validly served.
What you will have at the end
A court order for substituted service is obtained, the documents are served by the approved alternative method, and the proceedings can continue with valid service on the record.
Common issues
- Insufficient evidence of personal service attempts — courts expect genuine, multi-day attempts
- Not conducting adequate skip tracing enquiries before applying
- Proposing a service method that is unlikely to reach the defendant
- Not complying strictly with the terms of the substituted service order
- Failing to file the affidavit of service after effecting substituted service
Run this workflow on a real matter
Quillio drafts substituted service affidavits and applications, and researches court requirements across jurisdictions — getting your application prepared quickly. See /practice-areas/litigation-lawyers or start a free trial.
This workflow covers substituted service in Australian civil proceedings. Service requirements vary between courts and jurisdictions. International service is governed by the Hague Service Convention and requires separate procedures.
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