Affidavit/Declaration of service (Form 6A)

Rule 6.17 of the Magistrates' Court General Civil Procedure Rules 2020 (Vic) says an affidavit or declaration of service must state what document was served, who served it, the hour, day of the week and date of service, the place, how it was served, how the person was identified (for personal service), and all the facts that support those statements (r 6.17(1)). It must be in Form 6A (r 6.17(1A)). A document that purports to be an affidavit or declaration of service is taken as evidence of proper service unless the contrary is proved (r 6.17(2)). The form can be made as a sworn or affirmed affidavit or as a statutory declaration under the Oaths and Affirmations Act 2018.

When you need it

• You have served a complaint (Form 5A), counterclaim, summons, application or subpoena in a Magistrates' Court civil proceeding and need to prove it.
• You served an application for an instalment order under the Judgment Debt Recovery Act 1984: an affidavit or declaration of service must be filed within a reasonable time after service (r 61.02(2)).
• You served a copy of a subpoena for production to the registrar on the other parties: an affidavit of service must be filed without delay (r 42A.04(3)).
• The court's form finder also has versions of Form 6A set up for particular steps, such as service of an application for re-hearing or a summons for oral examination.

1. 1

   Copy the heading from the document served

   Use the same court reference, venue and party names, then fill in the date of the document, who it is filed on behalf of and any lawyer's name, code, address and reference.

2. 2

   Say who you are

   Give the full name, occupation and address of the person who did the serving, and choose whether you swear (oath), affirm, or make a statutory declaration. Delete the options that do not apply.

3. 3

   Identify what was served and on whom

   Describe each document, saying whether it was a copy or the original, and name the person served.

4. 4

   Set out the facts of service

   In numbered paragraphs cover everything rule 6.17(1) requires. The form prompts you: how you identified the person, whether they were the person named, the time, day of the week and date, the place (for example their home or business) and the method (for example by hand or by post).

5. 5

   Sign in front of an authorised witness

   For an affidavit, sign before an authorised affidavit taker under section 19(1) of the Oaths and Affirmations Act 2018, which includes a registrar of the Magistrates' Court. For a statutory declaration, declare it before a person allowed by section 30(2). The witness signs and prints their name, address and capacity.

• File it with the registry of the Magistrates' Court venue where the proceeding is running. An affidavit of service of an application or summons must be filed as soon as practicable after service (r 6.17(3)).
• Some steps have their own deadline: for an application to vary or cancel an instalment order under section 8 of the Judgment Debt Recovery Act 1984, failing to file the affidavit or declaration of service means the application is taken to be abandoned (r 61.02(3)).
• The court's attachment of earnings page says there is no filing fee for an affidavit of service. For other fees, check the court's current civil fees page.
• Keep a copy for your own records.

• Fill it in straight after serving, while the time and details are fresh. The day of the week is a required detail that is often left out.
• If you served a company, say which officer you served or which statutory method you used (r 6.04(a)).
• If personal service was by registered post to the last known address (r 6.03(1)(d)), say so and give the address and date of posting.
• Any person can serve documents, according to the court's service page; a process server is an option if you are unsure.