Factsheet No. 8
What do I do about getting forms, filing and serving documents?
I Need To Get Forms For A Matter In The Local Court. Where Can I Get These?
These are
available from the Registry of the Local Court. If you tell the person at the Registry what you want to do,
they will make sure you get the right forms. The forms change often so you should make sure you have the
right and most latest one before filling it in and taking it to the court.
You can also get
the forms from the internet at: www.lawlink.nsw.gov.au and then follow the links to local court
forms. Most of the time they will need to be signed and witnessed once
completed and before filing with the Court, either by a Solicitor or JP
(Justice of the Peace).
How Do I 'File' The Forms?
Take the
completed and signed form to the Local Court where the matter will be heard and
tell the person at the Registry that you want to file the document. Make sure you have enough copies with
you so that they can be stamped and then given to all the people in the case. You will need at least three copies
plus the original. That means you
will have one for yourself, one for the other party or their solicitor, one for
the Magistrate on the day and the original. If there are more than one
defendant or plaintiff in the proceedings, you would need to serve one on all
the parties.
Will I Have To Pay A 'Filing Fee'?
When you file the
forms you might have to pay a filing fee. Not all Court forms have filing fees and the fees can vary. If you are in financial hardship and
cannot afford the fee, you can ask at the Registry if you are eligible to apply
for an exemption. Often people who
receive benefits from Centrelink may not have to pay the filing fee. In some
instances, the fee will be deferred (put off) until the matter in court has
been finalised.
I have filed the forms and How I need to serve them on the other side? How do I do this?
Serving documents
means giving them to the other people in the case. This is so the parties are not surprised by new information
on the day of court and everyone has time to prepare their response to the other
side’s arguments. It also means that your document is valid. There are rules
about how to serve someone properly and if they are not followed the documents
will sometimes be taken to be not served and thus not valid and able to be used
in court. If that document was
your defence, for example, this might mean your defence will have no effect and
therefore lose the case.
If the other
person in your case has a solicitor acting for them, you must serve the
documents on them. Usually there
will be contact details on the Statement of Claim for the person who you are to
serve. Most of the time you will
have to arrange for the document to be served in person, which means it has to
be handed to the person. Sometimes
you are allowed to mail the document by regular or registered mail. Ask the people at the Registry at the
Local Court when you pick up the forms or talk to a solicitor or the Chamber
Magistrate about the rules for each document you have to serve.
I Haven't Been Able To Contact The Other Person. How can I serve them?
You can apply to
the court for ‘substituted service’. This means you can try to bring the document to the person’s attention
in some other way. For example,
delivering it to someone who you know has regular contact with the person you
have to serve, such as other family members (as long as they are at least 18
years of age) and rely on them to pass it on, or to some other address. If you think you need to apply for
substituted service, talk to the Chamber Magistrate and they will help you make
the application.