Legal Project Management Plan & Checklist
Purpose of this Guide: Use this fork when your client is seeking a substituted service order under Rule 2.34 rather than full dispensation because the respondent cannot be personally served but can be reached through a verified alternative contact channel (such as a specific email address, active social media profile, or via a known relative). This guide covers the steps required to verify the alternative contact channel, secure the substituted service order, execute service, and file proof of compliance.
Jurisdiction: Federal Circuit and Family Court of Australia (FCFCOA), applying the Family Law Act 1975 (Cth) and Rule 2.34 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021. Applies nationally across all Australian registries. This is a fork of the parent dispensation of service plan.
The Process at a Glance: The lawyer identifies a non-standard contact channel for the respondent. An independent process server is instructed to attempt personal service, generating an affidavit of non-service. The lawyer drafts an Application in a Proceeding and a supporting Affidavit detailing why personal service is impracticable and proving that the proposed alternative method has a high probability of bringing the documents to the respondent's attention. The application is filed, and the Judicial Registrar hears the matter ex parte. Once the substituted service order is granted, the lawyer executes service exactly as specified in the sealed order. Finally, the lawyer drafts and files an Affidavit of Service proving compliance with the order, allowing the substantive application to proceed.
Key Legislation and Case Law: Family Law Act 1975 (Cth) - s 44 (limitation periods), s 60I (dispute resolution requirements and exemptions), s 71B and s 90RI (disclosure duties). Federal Circuit and Family Court of Australia (Family Law) Rules 2021 - Rule 2.27 (personal service requirement), Rule 2.34 (substituted service and dispensation orders). Oaths Act 1867 (Qld) - Part 6A (remote audio-visual link witnessing requirements).
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Dispensation of Service (Applicant) - Substituted Service - Alternative Service Pathway matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for FAMILY_LAW cases, outlining the standard LITIGATION process. Utilize these tracking templates to manage your legal cases efficiently.
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