I've just been served - what do I do?

If you and your partner have separated, and cannot resolve parenting, property matters and/or divorce matters, you might be surprised when someone arrives unexpectedly to serve you with legal documents. 

Find out:

1. What being served means;
2. The next steps you should take; and
3. The process moving forward.

So you've been served

Being served with legal paperwork can be overwhelming.  This usually happens when you have not engaged a solicitor, and the other party needs to prove to the court that you are aware of the upcoming court proceedings.  The documents that you may receive in a family law matter are:

1. An Initiating Application for parenting and/or property matters (including Affidavit/s and other filed documents);
2. An Application for Divorce.

These documents may be served by a Process Server, Bailiff, or a person known to the other party such as a family member or friend.  They may be delivered personally, by post or email or both.  Even if you do not take the documents in your hand, if they are left in your presence you have been served.

Once served, you are expected to read the documents and seek legal advice if required.  You cannot claim ignorance of the upcoming court proceedings if you have been served.  The purpose of being served, is to ensure that all parties are aware of the legal proceedings and have the opportunity to respond and/or seek legal advice if required.

What do I do once I have been served?

1. Read the documents- It is important that you take the time to read all the documents that have been served upon you. You should seek independent legal advice immediately.  Ignoring the matter will not make it go away; it is crucial to take action.  If you do not, any orders that the other party is seeking may be made without you (known as ex parte).  Interim or final property settlement orders, parenting orders  and divorce orders can all be made without you ever appearing in court.
2. Seek legal advice- if you have not yet got legal advice, you can ordinarily speak with a Duty Lawyer on a once off occasion however, seeking early legal advice is the most effective way to ensure you are prepared and can progress your matter.

What happens next?

The documents will specify the date of the first mention of your matter.  Most matters initially are conducted electronically, so you do not need to attend court in person.  You will be provided details to join via telephone or video link. 

If you have received legal advice prior to the first mention of your matter, your solicitor will guide you on what to expect.  If not, here are some general points:  

1. Waiting time- Other matters will be heard at the same time allocated to your matter. This means that you might be waiting for up to one to two hours.  You should set aside a portion of your day for this.
2. Childcare- You cannot have care of a child during these court mentions. Arrange childcare for the day.  
3. Mute and camera off- Stay on mute with your camera off until your matter is called.
4. Duty Lawyer- You can seek advice from the Duty Lawyer on the day. Court staff will provide a contact number if required. 
5. Progression of the matter- The aim of the mention is to ensure that the matter is progressing and to determine if the parties agree to any orders that either one is seeking. As each matter is different, there is no set rule on how it should progress.  You should consider how you would like your matter to move forward, instead of focussing on why it hasn’t resolved at this stage.  It is important to seek legal advice promptly if you do not understand how your matter should proceed.

If you have been served with legal documents, it is crucial that you read them carefully, seek legal advice, and take prompt action.  Timely legal advice can be crucial for the progression of your matter.  You can contact our office to make an appointment with one of our family law solicitors to obtain advice on your situation on (07) 4963 2000 or through our online contact form below.