How to Serve Enforcement Documents in the ACT

Getting the forms right is only half the battle. If you don't serve them properly, the court can't act on them — and the debtor can apply to set aside whatever you filed. Service failures have derailed enforcement cases in the ACT for months at a time.

Each enforcement document has its own service requirements. Here's what the rules demand for each one.

Form 2.49 (Pre-Enforcement Notice)

Method: Personal service, prepaid post, or leaving at the debtor's residence or workplace with someone apparently over 16.

Timing: Must be served at least 7 days before you file any enforcement application.

This is the most flexible service requirement. Posting to the debtor's last known address is usually sufficient. Keep the registered-post receipt as evidence.

Enforcement Hearing Subpoena (Form 2.51)

Method: Personal service only. You must physically hand the subpoena to the debtor — no posting, no leaving it with a housemate.

Timing: At least 14 days before the hearing date.

Additional requirements: When you serve the subpoena, you must also hand over:

• Form 2.52 (the blank financial statement for the debtor to complete)
• Conduct money — enough cash for the debtor's return trip to court

Personal service is strict. The person serving the document must identify the debtor, hand the papers directly to them, and note the date, time, and location.

Redirection Orders (Earnings, Debt, Regular)

Primary service: On the third party — the employer, bank, or other entity holding the debtor's money. Serve at their registered office or business address.

Copy to debtor: A copy of the order must also be served on the debtor personally or by post.

Effective date: The order takes effect 7 days after service on the third party, not 7 days after service on the debtor.

Proof of Service

Every service must be backed by an Affidavit of Service sworn before a Justice of the Peace or solicitor within 14 days of service. The affidavit must state:

• Who was served
• The documents served
• The date, time, and place of service
• The method used (personal handover, post, left with named person)

Without a properly sworn affidavit, the court treats the document as unserved.

When Personal Service Fails

If you can't find the debtor despite genuine effort — they've moved, they're avoiding you, they're interstate — you can apply for a substituted service order under CPR Rule 6460.

You'll need to file an affidavit explaining:

• What steps you've taken to locate the debtor
• Why personal service is impractical
• An alternative method you're proposing (email, social media message, notice at last known address) that's reasonably likely to bring the document to the debtor's attention

The court decides whether your proposed alternative is adequate. If approved, service by the alternative method counts as valid personal service.

The Cost of Getting Service Wrong

Service errors can delay collection or put enforcement steps at risk, so follow the method and timing required for each document.

The Enforcing an ACAT Order in the ACT guide includes a proof-of-service tracker and service checklists for each document type, so you can verify every step before filing.

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