Hi there. An initiating application in the Federal Circuit Court for a family law matter must be served by ‘special service’. This means the person being served must personally receive the document. But this does not mean that the document has to be delivered by hand. The document can be served by electronic communication (e.g. by fax or email) or by sending a copy to the person’s last known address by post. If the document is sent by electronic communication or post, it must include an ‘Acknowledgement of Service’ form for the recipient to sign, and, for posted documents, a stamped self-addressed envelope. Alternatively, the document may be served on the intended recipient’s lawyer.

Based on this information, your ex-partner does not have to personally serve the initiating application document on you by hand. She has the option of sending it to you by electronic communication or post. As the intended recipient of the document, you are not legally required to make arrangements to collect it from your ex-partner. It is her responsibility, as the applicant in the proceedings, to arrange for the document to be served on you.

If your ex-partner is unable to serve the document within 12 months of it being filed with the court registry, she may apply to the court for an order that the document be served in an alternative manner or that service is not required. In deciding the application, the court must consider whether your ex-partner has taken all reasonable steps to serve the document on you. It is not possible to say what a court would decide if your ex-partner made such an application. In any case, you are not likely to be penalised or face any other legal liability for not attending your ex-partner’s office to collect the initiating application document.