How to Serve Documents at ACAT: Service Rules, Proof, and Substituted Service

Service is the step where your ACAT civil dispute application gets formally delivered to the other side. Get it wrong, and the respondent can argue they never received your claim — which means delays, adjournments, or even your case being dismissed if you can't prove valid service.

ACAT's Default: They Serve It for You

When you file a civil dispute application, ACAT's default is to serve the documents on the respondent itself, by post or electronically. You don't need to do anything extra unless you choose to opt out of this on the application form.

If ACAT serves the application, the tribunal handles proof of service internally. This is the simplest route for most claimants.

When You Serve It Yourself

Some applicants opt to serve documents personally — often because they don't trust postal delivery to reach an evasive respondent, or they want to confirm the person actually received the papers. If you take this on, you're legally responsible for proper service and for filing proof with the tribunal.

Personal service means physically handing the documents to the respondent. You or a process server gives the sealed application directly to the individual respondent. For a company, check ACAT's current service requirements before attempting personal service.

Postal service means sending by prepaid post to the respondent's last known residential address (for individuals) or registered office (for companies). Documents are deemed served 7 business days after posting under the Legislation Act 2001.

Electronic service by email is valid if the respondent has been using that email address in the course of the dispute. Documents sent to an active email address are deemed served on the day of transmission, provided you don't receive a bounce-back delivery failure notice.

The Affidavit of Service

After serving documents yourself, you must file an Affidavit of Service with ACAT. This is a sworn statement detailing what was served, how, when, and on whom. It's the tribunal's proof that the respondent has been properly notified.

The affidavit needs to include: the full name of the person served, the date and time of service, the method used (personal hand-delivery, registered post, email), and a description of the documents delivered. If you used registered post, attach the Australia Post tracking receipt. If you used email, attach a screenshot of the sent email and delivery confirmation.

Substituted Service: When You Can't Find Them

Sometimes the respondent has moved, isn't answering the door, and mail keeps coming back undelivered. Standard service fails.

Under updated ACAT procedural rules, you no longer need to file a separate interlocutory application for a substituted service order. Instead, you present evidence to the tribunal showing that the respondent actively uses an alternative communication channel — a phone number, email, or social messaging platform — and that sending the documents that way will bring the claim to their attention.

You'll need recent evidence: email exchanges from the past 3–6 months, text message screenshots showing the number is active, or other proof the contact channel works. The tribunal then authorises service through that channel.

Interstate Service

If your respondent lives in another Australian state or territory, service must comply with the federal Service and Execution of Process Act 1992. The application must be accompanied by a formal SEPA Notice to Respondent informing them of their rights and response deadlines under Commonwealth law.

After Service: The 21-Day Clock

Once the respondent is served (by any valid method), they have 21 calendar days to file a Response with ACAT. If they don't respond and don't attend the directions hearing, the tribunal can make orders in their absence.

The ACAT civil dispute guide includes a service tracking log for recording every service attempt and its outcome — critical evidence if the respondent later claims they didn't know about the case.

See more Australian Capital Territory guides →