Divorce (Sole Applicant) - Substituted Service / Dispensation of Service

Purpose of this Guide: Use this fork when your client is seeking a divorce as the sole applicant but the respondent cannot be located or is evading service, making standard personal service impossible. This plan covers the two alternative service pathways: applying for substituted service (serving by email, social media, or via a known third party) and applying for dispensation of service altogether where the respondent's whereabouts are genuinely unknown.

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 plan is a fork of the standard sole applicant divorce plan.

The Process at a Glance: The lawyer first files the substantive Application for Divorce via the Commonwealth Courts Portal in the usual way. A professional process server is engaged and all reasonable personal service attempts are documented in a formal Affidavit of Non-Service. The lawyer then conducts or commissions skip-tracing through known addresses, relatives, social media, and public records. Where the respondent can be reached through a non-standard method, an Application in a Proceeding is filed seeking a substituted service order (for example, service via a specified email address or Facebook profile). Where service is genuinely impossible, an application for full dispensation of service is made. Both applications are supported by detailed affidavits establishing all steps taken and why standard service is impracticable. The court grants or refuses the application at an ex parte hearing. Once service is effected or dispensed with, the main divorce application proceeds to hearing, with the applicant unilaterally establishing the section 48 eligibility criteria and addressing section 55A arrangements for any children under 18.