How to Serve Documents at NTCAT

Service is the applicant's job, not NTCAT's. After the registry accepts your Form 1 Initiating Application and returns the sealed copy with standard orders, you are responsible for getting those documents into the respondent's hands — and proving that you did. Get service wrong and NTCAT cannot proceed to a hearing. Get proof of service wrong and the respondent can argue they were never properly notified.

What You Must Serve

Serve the respondent with two documents together: the sealed Form 1 Initiating Application (the copy stamped with NTCAT's seal and file number) and the Standard Orders issued by the Registrar (which set out timelines for the response and any conference dates).

Accepted Service Methods

NTCAT Service Guidelines (Information Sheet IS4.0) set out the rules. The permitted method depends on whether you are serving an individual, a company, or an interstate party.

Personal service means handing the documents directly to the respondent. For an individual, hand them to the person. For a company, serve a director personally; the service guidelines also allow posting or leaving the documents at the registered office.

Postal service means sending the documents by Australia Post registered mail with tracking. Keep delivery confirmation or tracking showing delivery as evidence. For a company, post to the registered office address shown on the current ASIC extract.

Email service is permitted for an individual or sole trader — but only if the respondent acknowledges receipt. An automated delivery receipt or server transmission log does not count. You need either a reply email from the respondent confirming they received the documents, or a read receipt. Email is not sufficient service on a company. This is the rule that catches the most people. Sending the documents by email and getting a "delivered to server" notification is not valid service under NTCAT guidelines.

Interstate service requires you to follow the Service and Execution of Process Act 1992 (Cth). Attach a completed SEPA Form 4 — Notice to Interstate Respondent — to the sealed Form 1 before serving. This gives the interstate respondent additional time (typically 21 days instead of 7–14) and advises them of their rights under the federal legislation.

Proving Service — Form 6 Unattested Declaration

Once you have served the documents, file a Form 6 Unattested Declaration with NTCAT as proof. Form 6 must state the date, time, location, and method of service, and identify the person who received the documents. Under the Oaths, Affidavits and Declarations Act 2010 (NT), an unattested declaration does not require witnessing by a Justice of the Peace. However, making a false statement in an unattested declaration is a criminal offence under s 119 of the Criminal Code Act 1983 (NT), carrying a maximum penalty of three years imprisonment.

Attach supporting evidence to your Form 6:

• Personal service: A description of the person who received the documents and where you handed them over
• Postal service: The Australia Post tracking receipt showing delivery or attempted delivery
• Email service: A copy of the respondent's reply email or read receipt
• Company service: A current ASIC extract proving the entity name and registered office address
• Interstate service: A copy of the completed SEPA Form 4

When the Respondent Avoids Service

If you have made genuine attempts at service and the respondent is evading you, apply for substituted service. File a Form 3 Ordinary Application with a Form 6 detailing every failed attempt — visits, postal returns, unanswered emails, process server reports, and any phone or social media searches you conducted. If NTCAT grants the order, it may allow service by text message, social media direct message, or delivery to a relative's address.

Service Deadlines

Standard orders typically require service within 7 to 14 days of issue for local respondents, and 21 days for interstate respondents. Miss the deadline without applying for an extension, and NTCAT may dismiss the application.

The NTCAT Small Claim Filing Guide includes a service tracker worksheet and step-by-step Form 6 completion instructions to keep your proof airtight.

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