Like the US and Canada, Australia is a former British colony with a strong system of common law at the federal and state (or provincial) levels. Therefore, they all have similar procedures for service in international civil lawsuits. When serving a defendant Down Under, you must use follow the requirements set out by the Hague Service Convention.
Australia acceded to Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, also called the Hague Service Convention, on March 15, 2010. The Convention’s provisions entered into force in Australia on November 1, 2010.
Judicial Process & Support offers Hague Service Requests for law firms and other clients who need to serve an individual or entity in Australia. Your documents will be prepared and processed through the Hague Service guidelines to ensure that your final affidavit will be accepted by your court.
Our experienced staff prepares all of the Hague paperwork and certifying case files. If you need a translation, one of our team members begins working it. When all of the Hague paperwork is completed, it will be signed by the appropriate party, and translated if needed. Once all of the parts are completed, we will package everything in compliance with Hague Service Convention guidelines. The package is then approved and sent to the Central Authority (Private International Law Unit) in Barton ACT, near the capital city of Canberra (similar to Washington, DC.)
It may take three or four months before you receive proof of service. We are able to request status on your request. Once the service is completed, our agent will sign a Hague Affidavit to be approved by the Central Authority and returned to be added to your court docket.
We currently receive responses on proof of service through the Central Authority in three to six months, possibly a bit longer.
Australia does not object to alternative services under Article 10, so you also have these additional options for service.
Since Australia is primarily an English-speaking country, all of your documentation must be in English, or have an English translation.
While English is the default national language, Australia doesn’t have an “official” language. Much like the US, this culturally diverse country has more than 200 spoken languages, including many native Aboriginal languages.
While Mandarin is the most common non-English language spoken in Australia, a defendant may also have a native language of:
US due process laws require that the defendant must be able to understand all of the documents. If the defendant does not speak English, or speaks some English but has a different native language, you will need a translation into the defendant’s primary language to ensure that everything is understandable to them.
Request A QuoteA successful service requires a current, accurate address for the defendant. If not, you’ll find out four months later that your service wasn’t performed. You’ll have to start again, taking more time for service and your case.
Be sure of your defendant’s address with our skip tracing services anywhere in Australia. Click here for more information.
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Australia does not object to other forms of service, including:
Service through a private process server. This option was previously available before Australia signed onto the Hague Convention, and is still permitted. However, the country’s declarations do not establish who can and can’t be a process server. Contact us today for a quote.
You cannot serve a subpoena using this method but there is another method, Contact Us For More Information.
Our team will locate your defendant, translate your documents (if needed) and effect process service under the proper conventions.
We have the experience and the expertise to ensure that your Hague applications are accepted by the foreign country and ensure your final affidavit of service is accepted by your Judge.
What if your application was denied because you didn’t know about an undisclosed requirement? Many countries have them, and you would find out four months later. We make sure these requirements are met before we send your package.
We Take Care of The Whole ProcessJPS has successfully served many defendants in Australia. In this video, you will see what the final affidavit of service looks like when returned to us.
When serving internationally one little mistake can cost you a year or more in delays. Don’t allow yourself to lose time and money. Send your documents to us and we will take care of the rest.
Witness fee check is payable to the person being served.
The fee is a flat rate of $7.50 for State Court and $45.00 for Federal Court.
In Florida — Federal Court is $40 flat rate plus .35 cents per mile and Florida State Court is a $5 flat rate plus .06 cents per mile. Non-Florida State Court cases fees vary by state. Consult with the court in that state to determine the fee. In Florida, a typical witness fee check in State Court will be $7.50. A typical witness fee check for a Federal case will be $45.00.
In Florida, if you are not requesting the witness to testify you do not need to put a witness fee check. If you are requesting the witness to produce documents — the person or company producing the documentation may require you to pay for the copies in advance. Contact the company directly and request this information prior to serving the Subpoena.
It varies by State and type of case. Call the court where your case will take place and they will be able to identify the exact amount. Also, we always recommend checking the Court’s website which is full of information.
Checks are payable to “Clerk of Courts”
Yes, as a process serving company we have the ability to file the executed affidavits with the Florida e-portal system. If the matter is a Federal case – then the attorney of record will file the affidavit through the Pacer system directly.
Your legal documents can be emailed to Serve@JudicialSupport.com and you will receive a confirmation email once it has been received and processed.
Please note: Any documents over 30 pages will be invoiced at .10 cents per page
When a case is filed in the United States you can serve that defendant anywhere in the United States. For example, we can serve an individual at his place of employment. We can also serve this defendant at a restaurant or at a business meeting. In addition, we can serve this defendant at a trade show or at Court. As long as the service of process is conducted — Monday through Saturday we can serve anywhere.
In Florida, every State Court will charge $10.00 to issue your summons. Most Courts will issue the Summons online, however, some courts like Miami-Dade are still issuing in person.
Judicial Process & Support is uniquely positioned to service law firms so the bulk of our clients have custom pricing based on volume. If you are a law firm seeking new litigation support services you can request a price quote by emailing us at serve@judicialsupport.com
If you are an individual or seeking less than 10 services a month then process serving rates start in the range from $80.00 for rush service. An attempt is made within 1-2 business days for Miami Dade County services. Anywhere else in Florida the fee is $80.00 and service is attempted within 3-5 business days.
We recommend standard service for those cases that you have ample time to serve. For example, if the Court date is at least 30 days, the process server will be able to make ample attempts.
If your pleading is short dated — then we would recommend the rush service. Rush service is typically attempted with 1-2 business days. This service is also recommended for those instances where the defendant will be at a certain place at a certain time and you want the process server to be there. These services have a better and quicker outcome.
Same Day Service is used when you have an Order to Show Cause or a Writ of Garnishment and its in the best interest of the party to get these pleadings served immediately. Same Day service can also apply to that special service where you have a particular date and time to serve the defendant.
In Florida, if the defendant listed in the documents cannot be found, the court may allow service by publication in a newspaper. This method is perfect for Family Law cases and Foreclosure matters. In order to publish, the Court will require an affidavit of due diligence. In addition, the affidavit will need to be precise as to how many attempts were made and the outcome of those attempts. Finally, the attorney will have to demonstrate that there is no other address for the defendant that can be attempted.
In Florida, the defendant nor the witness has to receive the documents in hand. If the process server has properly identified themselves and advised about the contents of the documents — the legal documents can be left on the floor, on the table or outside their home. This information must be reflected on the Affidavit and filed with the Court. Also, it should be fully disclosed on the paperwork (field sheet) that the process server will keep in the office. This documentation is great in the event the process server has to testify in Court.
An Affidavit of Service is also known as a Proof of Service. This document is a signed document provided to you upon completion of serving your documents. In Florida we do not require the Affidavit to be notarized; however, many other states have this requirement that we can comply with. Often times, if the defendant cannot be served the Affidavit provided, will be a Due Diligence Affidavit that will be filed with the Court. This Affidavit will be useful in the event you want to serve the Secretary of State under 48.161 or 48.181 where the whereabouts of the defendant(s) are unknown.
A Process Server serves legal documents to the defendant, individual, or Corporations listed on the legal documents being served. Once the documents are served, an Affidavit of Service is prepared and filed with the Court. In Florida, the process serving company also files this Affidavit with the Florida e-portal system.
In Florida, all Process Servers serving non-enforceable process must be licensed. In order to serve a Summons and Complaint you must have a valid process serving identification. This identification must be presented when serving process and also the Process Server identification number must be listed on the Affidavit of Service.
Not all states require a process server to be licensed. However, some states require that process servers be registered in their county or state, or appointed to serve in a specific county.
If an attorney has filed a lawsuit in Florida and now wants to serve a defendant in New York then the process is to contact a process server in that jurisdiction to conduct the service. Local process serving companies can assist with this process since they have worked with local process servers around the country and have vetted these process servers to be adequate.
When service of process was first established it was performed by sheriffs or deputies, and agents of the court. This became very challenging and a burden to those authorized to serve process. They realized that they alone could not handle all the services that needed to be served and this is how Private Process Serving came about.
In Florida, a Certified Process Server is either Certified by the Chief Judge or appointed by the Sheriff in that county. In Florida, the Process Servers are tested each year or have to attend a few hours of education in order to renew their licenses. In Miami-Dade County we are required to also have a yearly bond that we provide the Court. The Miami-Dade County Courthouse has a designated Director for the Process Serving Division and they are responsible for every aspect relating to licensed Process Servers in Miami-Dade County.
Other states across the country have similar programs established. Each state is separate and has their own rules on Service of Process and the appointment of Process Servers in their States.
Hiring a Legal Process Server is the first step to moving your case in the right direction. Without service of process, the case is not able to advance to the next stage. Normally, the attorney filing the case on your behalf will hire the process serving company. Process servers have the skills and experience to serve your legal documents in a timely manner and in Florida, we are either Certified by the Chief Judge or appointed by the Sheriff of that county. Process Servers are savvy with the rules and regulations governing process serving – in Florida its Chapter 48.
There are several key requirements associated with the rules of service of process. For example, when serving an individual at his place of employment we will need to serve him or her personally. Also, there are rules regulating the hours for service on a Registered Agent in Florida. In addition, in Florida, we are not allowed to serve anyone on Sunday unless the Court has entered an Order allowing this service.
If a service is not done in accordance with the proper rules– this can hinder your case from going forward or result in the dismissal of your case. Improper service may also cause undue delays which may affect court fees and attorney’s fees.
Service of Process is a term used in the United States to indicate a legal procedure requiring that each party in a case be notified if actions are taken against them in a court of law. This is considered due process and its extremely important in our legal system.
When an individual is sued he/she is referred to as a “Defendant”. Defendants are notified of actions against them or court procedures involving them through the delivery of legal documents such as summons, complaints, subpoenas, orders, motions and writs.
In Florida when a defendant is served with legal documents in State Court he/she has 20 days to respond to the Complaint. In Federal Court filings the defendant has 21 days. If no response is filed on behalf of the defendant a judgment against the defendant may be entered.
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