06 July 2018
Supreme Court - Substituted service
Dear Mentor,
How may service be effected when a defendant is hiding and is unable to be found?
Which would be the appropriate form to use should an application for order of substituted service be required in a Supreme Court matter?
Much obliged.
Thank you for the question.
Service may be effected by any means which the court is satisfied will bring the documents to the defendant’s attention. This might include leaving the documents at a certain address or posting them on social media platforms.
In relation to substituted service generally, see rule 6.10 of the Supreme Court (General Civil Procedure) Rules 2015 (VIC).
An application for substituted service is made by way of summons accompanied by an affidavit in support, usually by you as the plaintiff’s solicitor. The By Lawyers Supreme Court Civil Guide - Acting for the Plaintiff contains example content for both the summons and affidavit in support.
The affidavit should state that you have formed the belief that the defendant is evading service and the basis for that belief. The affidavit should also set out details of why the methods of substituted service proposed are likely to bring the document to the defendant’s attention.
Regards
Mentor
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