How to Serve QCAT Documents: Personal Service, Company Service and Proof

You've filed your QCAT application and the registry has sealed it. Now comes the step that trips up more self-represented applicants than any other: serving the documents on the respondent. Get this wrong and you can't get a default decision, can't proceed to a hearing, and may need to start over.

Service Time Limits

Rule 19 of the Queensland Civil and Administrative Tribunal Rules 2009 sets the default period after QCAT accepts an application: 90 days for minor-debt applications, 28 days when another application must be served personally, and 7 days otherwise. A different period in an enabling Act or another rule takes priority. QCAT can extend or shorten a period on application.

Filing does not serve the documents. QCAT doesn't send anything to the respondent on your behalf. Service is entirely your responsibility.

How to Serve an Individual

For minor debt claims, individuals must be served by personal service. That means physically handing a sealed copy of the application directly to the respondent.

You, or someone acting on your behalf, must:

1. Locate the respondent in person
2. Hand them the sealed application and all attached evidence
3. If they refuse to take it, place it down in their presence and explain what it is

Personal service can be done by:

• You (the applicant)
• A licensed process server (typically $80–$200)
• A court bailiff (fees at prescribed court rates)

What does not count as valid service on an individual:

• Posting it in their letterbox
• Emailing it
• Leaving it with a family member (unless a substituted service order is in place)
• Texting a photo of the documents

How to Serve a Company

Companies can be served under section 109X of the Corporations Act 2001 (Cth). You have two options:

1. Post a sealed copy to the company's registered office address (the address listed on the ASIC register, not their shopfront or mailing address)
2. Personally deliver a copy to a director of the corporation

The registered office address is critical. You can find it through an ASIC company search. Sending documents to a random business address doesn't satisfy s 109X.

How to Serve a Partnership or Business Name

Serve by delivering a copy to any partner, or by leaving it at the principal place of business with someone who appears to manage or control the business.

Proving Service: Form 9 Affidavit of Service

To prove service, complete and provide a sworn affidavit of service to QCAT. This is usually Form 9 (Affidavit of Service). For a minor-debt default request, Form 6 lets you rely on a Form 9 already filed or complete the affidavit-of-service section in Form 6.

Form 9 must include:

• The full name and address of the person who carried out the service
• The exact date, time and street location where service happened
• The method of service used (personal delivery, corporate post)
• How the respondent was identified (they acknowledged their name, you recognised them, a director was identified)

The affidavit must be signed in front of an authorised witness: a Justice of the Peace (JP), Commissioner for Declarations, or solicitor.

What If You Can't Find the Respondent?

If personal service fails because the respondent is actively avoiding you or has moved without leaving an address, you can apply to QCAT for substituted service. For a minor-debt application, QCAT directs applicants seeking permission for substituted service to use Form 42.

You'll need to provide an affidavit detailing:

• Your attempts to locate and serve the respondent
• Why personal service isn't reasonably practicable
• The alternative method you're proposing (email, text message, notice at last known address)
• Why that method is likely to bring the application to their attention

The tribunal will only grant substituted service if you've made genuine efforts to serve personally and can show the alternative method will reach them.

The QCAT claim guide includes a service tracker that logs each attempt with dates, times and outcomes, plus a step-by-step Form 9 execution checklist.

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