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Special or Ordinary Service of Afidavidts

In an extension of my earlier post, it's one of those situations where I wish I knew this detail earlier. Initiating Applications and their related affidavits need 'Special Service'. My understanding was that the Response and Amended Response also needed 'Special Service'. But I just read something that suggested my Response can be delivered by 'Ordinary Service'.

Can anyone confirm this? If so, I'll just put it all in the Registered Post today, and tell the Bailiff to forget about it.
Ring the FMC Help Line  - they will tell you what is required

1300 352 000
seriously said
Ring the FMC Help Line  - they will tell you what is required

1300 352 000
 
Hey thanks for that. I didn't know that number existed. Turned out to be a lot more useful then Legal Aid. After a 25 minute wait (love elevator music ;P) I was told that the Response Affidavits do need to be served by hand, and an Affidavit of Service form completed.

That in my situation I should write to the Federal Magistrates Court to ask for copies of my filed Affidavits and get some one else to serve them. That I should also write a letter to the Registrar asking for the Interim Hearing be adjourned, to allow time for proper servicing of the documents.  These documents need to be served 28 days before the hearing, otherwise they are inadmissible.

Nice to have something to do tomorrow.:cool:
If the other party has a solicitor then you can drop them off to that solicitor yourself.

If the other party is unrepresented then you need to get someone else to serve and complete an affidavit of service.

otherwise they are inadmissible

Inadmissible?

If you serve the documents 25, 23, 18, days out from the hearing - the court isn't going to care - much.

Serve them 14 days out or less then a reasonable "objection" might arise.


4MYDAUGHTER
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