Form 3 Affidavit of Service Tasmania

You've filed your claim, served the defendant and now need to prove it to the court. Form 3 (Affidavit of Service) is the document that does this — and getting it wrong is one of the most common reasons default judgment applications are refused in Tasmania.

What Form 3 Does

Form 3 is a sworn statement proving that the defendant was properly served with the claim. Without it on file, the court has no evidence that the defendant received the documents, which means you can't move to the next step — whether that's waiting out the 21-day response period or applying for default judgment.

If you used a court bailiff for service, the court generates a Certificate of Service instead. Form 3 is only required when service was carried out by you personally, a friend, relative or a commercial process server.

What Goes in the Affidavit

The person who physically served the documents completes Form 3 — not the claimant (unless the claimant served the documents themselves). It must include:

• The server's identity. Full name and address.
• The date of service. The exact calendar date the documents were delivered to the defendant.
• The time of service. Approximate time is acceptable (e.g., "at approximately 2:15 PM").
• The place of service. The full address where the documents were handed over or posted.
• The method of service. Personal service (handed directly), registered post (with the registration number) or another court-approved method.
• Identification of the person served. For personal service, how the server identified the defendant — knew them by sight, confirmed identity when they answered the door, or received confirmation from someone at the address.

The Sworn Requirement

Form 3 is an affidavit, which means it must be sworn or affirmed before an authorised person:

• A Justice of the Peace (JP) — available at court registries, banks and post offices; call the Department of Justice on 1300 135 513 for contact details
• A legal practitioner

The server signs the affidavit in front of the JP, who then signs and stamps it. An unsworn Form 3 will be rejected.

Common Mistakes

The claimant signs when someone else served. Only the person who physically delivered the documents can swear the affidavit. If your mate served the papers, your mate completes and swears Form 3 — not you.

Vague details. "I served the documents at the defendant's house last week" won't pass. The affidavit needs the specific date, time and address.

Registered post without delivery proof. If you served by registered post, file the registered-mail posting receipt with its serial number and the delivery receipt signed by the person who took delivery.

Filing too late. There's no formal deadline for filing Form 3, but you need it on record before you can apply for default judgment. If the defendant doesn't file a defence within 21 days of service and you still haven't lodged Form 3, your default judgment application will be refused.

After Filing Form 3

Once Form 3 is on file and the 21-day response period has expired with no defence, you can apply for default judgment. Days from 23 December through 7 January are not counted toward the defence deadline. For a liquidated debt (a specific sum), the registrar can grant this administratively without a hearing. A property repair or loss claim can also be entered without an assessment hearing if you served the supporting evidence with the claim; other claims not covered by Rule 117 require an assessment hearing.

For Form 3 field instructions and the complete claim process, see our Tasmania minor civil claim guide.

See more Tasmania guides →