Legal Project Management Plan & Checklist
Use this fork when the process server reports that the respondent is actively evading personal service, or when the respondent's whereabouts cannot be located after reasonable inquiries. The standard service pathway in the parent plan is paused. The practitioner must apply to the Court for an order for substituted service under UCPR Rule 10.14, which permits service by an alternative method approved by the Court (such as email, Facebook, or service on a known family member). All affidavits filed in this fork - including the affidavit of failed service attempts and the solicitor's affidavit proposing the substituted method - must contain the mandatory UCPR Rule 35.3B AI non-use statement. Once a substituted service order is granted and service is effected, the SC GEN 07 obligation to virus-scan all electronically transmitted files applies to the Affidavit of Service.
| Field | Token | Type | Required | Defined in |
|---|---|---|---|---|
| Matter(4) | ||||
This fork operates in the Supreme Court of New South Wales under UCPR Rule 10.14 (substituted service). The application is made by Notice of Motion, usually dealt with by a Registrar or duty judge on the papers.
The process server's report detailing all failed service attempts (with dates, times, locations, and any indications of evasion) is obtained. A solicitor's affidavit is drafted proposing the substituted service method - for example, service by email to a known email address, or service via Facebook Messenger - with evidence that the respondent is active on that platform. Both the process server's affidavit and the solicitor's affidavit must contain the mandatory UCPR Rule 35.3B AI non-use statement. A Notice of Motion is filed. An ex parte hearing or paper application is attended and a Substituted Service Order is obtained. Service is effected via the approved digital channel. Before sending any digital files, the files are virus-scanned as required by SC GEN 07 para 16. An Affidavit of Substituted Service is filed confirming the virus scan was performed and the files were delivered successfully.
Key legislation: Uniform Civil Procedure Rules 2005 (NSW) Rule 10.14 (substituted service order - Court may order service by any method if personal service is impracticable), Rule 35.3B (mandatory AI non-use statement in all affidavits); Practice Note SC GEN 07 para 16 (virus scanning for electronically transmitted documents); Practice Note SC GEN 23 para 9A (closed platform obligation - confirmed AI non-use statement in the solicitor's affidavit). Evidence required for the substituted service application: (1) multiple failed personal service attempts at the respondent's last known address with specific dates and times; (2) reasonable inquiries made to locate the respondent (ASIC search, electoral roll check, police report if appropriate); (3) a specific proposed substitute method with evidence it is likely to bring the proceedings to the respondent's attention. Note: the Court will not grant a substituted service order if the evidence of failed personal service is inadequate - it must be clear that personal service is genuinely impracticable, not merely inconvenient.
* 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 Digital Trial Compliance - SC GEN 07 and SC GEN 23 Generative AI (Applicant) - Respondent Evades Service - Substituted Service Application Under UCPR Rule 10.14 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 Civil Litigation cases, outlining the standard DISPUTE_LITIGATION process. Utilize these tracking templates to manage your legal cases efficiently.
| Matter numberⓘ |
matter.matterNumber |
| text |
| Required |
inheritedmatter-core |
| Matter title | matter.title | text | - | inheritedmatter-core |
| Matter typeⓘ | matter.matterType | text | - | inheritedmatter-core |
| Matter status | matter.status | text | - | inheritedmatter-core |
| Client(1) | ||||
| Client name | matter.clientName | text | Required | inheritedmatter-core |
The court has a complete factual record of the evasion and a proposed alternative service method that is likely to bring the proceedings to the Respondent's attention.
The court has authorised an alternative service method. The practitioner is ready to effect substituted service.
Substituted service is complete and evidenced. The Respondent's Appearance deadline runs from the date of substituted service.
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