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Service of Summonses and Orders

Service involves bringing an order or summons to the attention of the person to whom it is directed. This is generally done by handing a copy to the person. This is the responsibility of the police.

Special rules exist for service of family violence restraining orders. The court can order substituted service (that is, service by another method, such as mobile phone) at the time of making the FVRO, if it is satisfied that personal service will be impracticable and any delay in service presents a risk to the safety of the person protected. Examples include where the person to be served does not have a fixed address, lives in a remote location or is likely to avoid service. 

In the case of telephone orders, the police will also arrange service. This is generally done by the police station nearest to where the respondent lives. It is important that the applicant provide to the police as much detail as possible to assist with the service of the documents and advise immediately of any relevant information, such as change of address.

Regular contact should be maintained with the police station nearest to the respondent to ensure service occurs. If by the week before the hearing the summons has not been served you should ring the Police District Superintendent.

Last updated: 6-Jul-2018

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