Service of Judicial Documents in Australia
Because Australia is not a signatory to any treaty, convention or multilateral agreement for the service of civil process, there are two practical ways to serve in Australia: by a private agent or by letter rogatory. If enforcement of a judgment in Australia is anticipated, service via letter rogatory is the recommended method.
Service via letter rogatory is a formal Request For International Judicial Assistance signed by the forum court judge and executed by the judicial authorities in Australia. For us to prepare the letter rogatory, we require the following:
  1. A complete copy of each of the documents to be served;
  2. Full name of the judge who will be signing the letter rogatory request;
  3. Full name, address and telephone number of the originating court;
  4. Full name, address and phone number of the entity to be served;
  5. Fees are due in advance and will be quoted prior to accepting the assignment.
This method, in Australia, usually takes 4 to 5 months to complete, but can take 6 to 12 months or more. No request for expedited service is acknowledged by the foreign judicial authorities. As with all formal services effected through our office, an affidavit will be provided indicating that formal service has been initiated, that we are in compliance with any applicable statutes, and the reasonably expected time from. This can be used to support a motion to extend, which is usually necessary, and is provided at no additional cost.
Once the documents leave the United States, the Ministry of Justice in Australia will have complete jurisdiction over the service and generally does not respond to requests for status. We will, however, follow the progress of the service as closely as possible.
When effecting service via letter rogatory, it is often recommended that service also be personally effected by a private agent. This will provide an affidavit of personal service that can be filed with the court while the formal method of service is in progress. However, it is wise to keep in mind that this private agent service may be quashed in the originating U.S. court and any U.S. judgment obtained on the basis of this service may not be enforceable in Australia.
For a private agent to serve the document, we simply need the following:
  1. A complete copy of each of the documents to be served;
  2. Full name, address, and any other available information, for the entity to be served;
  3. Fees are due in advance and the basic costs will be quoted prior to accepting the assignment;
  4. Your written authorization to effect private agent service after being informed of the possible consequences.
Service in major areas such as Melbourne, Sidney, Canberra, Brisbane, Perth and Adelaide can be effected quickly. The complete turnaround time for this method of service is usually 3 weeks, but can take longer.  Outer areas and services on the smaller Australian Islands (Christmas Island, Cocos Islands, Norfolk Island, etc.) take longer and the expense is higher.  Rush services are available for additional fees. 
The proof of service will be in the form of an affidavit. If it is not possible to have the affidavit notarized at a U.S. Embassy, the affidavit must be notarized by a local Australian notary, which can increase the cost of the service because local notaries are not always available in rural areas and substantial travel is often required. There would also be additional expenses incurred if there are applicable forum court statutes that require court authentication of a foreign affidavit.  Court authentication will need to be requested by your office prior to completion of the service. 

 
Our office can provide all the integral services and assistance to effect service of civil process in Australia using either of the above methods.
Limited areas of investigation, court record retrieval and various searches are available in Australia. Please contact us to discuss your options if you require assistance other than the service of civil process.

 

Call 1-800 SERVE EM (737-8336) for a free, no-obligation quote.

ALL FEES DUE IN ADVANCE