10.3 Schedule: Statutory declaration as to personal service

What this form is for

• • Use when you need to prove you personally served documents to someone in a legal case
• • Required when standard methods of service aren't appropriate or have failed
• • Necessary for certain types of court proceedings where personal service is mandatory
• • Use when the recipient disputes they received the documents

Use this form or another form?

Deadline or filing window

Submit the completed declaration as soon as possible after service, but always before the next court hearing date to avoid delays in proceedings.

Before you submit

• • All sections of the form completed
• • Date, time, and location of service clearly stated
• • Description of how you identified the person served
• • Declaration signed by both the server and witness
• • Copy of the served documents attached
• • Court fee paid if required
• • Form number matches your case type

How to file this form

1. 1Complete all sections of the form with accurate details
2. 2Have the form witnessed and signed by an appropriate witness
3. 3Make a copy for your records
4. 4Submit to the relevant court office
5. 5Pay any required fee
6. 6Obtain a receipt or proof of submission
7. 7Notify all relevant parties of the submission

Known limitations

• • This form only covers personal service, not other methods of service
• • It cannot be used to prove service to a company or organization
• • The witness must be independent and not related to the case
• • The form may need to be accompanied by an affidavit in complex cases
• • Electronic submission may not be accepted for all courts